Decision 1858E – California School Employees Association and Its Chapter 198 (Bruce)

SF-CO-688-E

Decision Date: September 7, 2006

Decision Type: PERB Decision

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Perc Vol: 31
Perc Index: 3

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

A prima facie violation of the duty of fair representation must allege that the Respondent's conduct was arbitrary, discriminatory or in bad faith. No violation where the charging party stated only that the Association withheld evidence that could have assisted her in retaining her position.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.05000 – Mode or Adequacy of Representation/Advocacy

A prima facie violation of the duty of fair representation must show that the Respondent's conduct was arbitrary, discriminatory or in bad faith. No violation where the charging party stated only that the Association withheld evidence that could have assisted her in retaining her position.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.01000 – In General

Assertion of a prima facie violation of section 3543.6(b) must allege conduct of an employee organization that tends to or does result in some harm to employee rights under EERA.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

Charging party failed to state a prima facie case that the Association violated its duty of fair representation.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

A charging party may not raise new allegations or present new supporting evidence on appeal without establishing good cause. Charging party articulated facts on appeal in an apparent effort to clarify her original charge, but she did not established good cause for this additional information to be considered.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

Charging party failed to state a prima facie case that the Association violated its duty of fair representation. A charging party may not raise new allegations or present new supporting evidence on appeal without establishing good cause. Charging party articulated facts on appeal in an apparent effort to clarify her original charge, but she did not established good cause for this additional information to be considered.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.01000 – In General

An appeal to the Board must conform to the requirements of PERB Regulation 32635. In this case charging party failed to set forth “the specific issues of procedure, fact, law or rationale to which the appeal is taken.” Charging party also does not “[i]dentify the page or part of the dismissal to which each appeal is taken” nor does it “[s]tate the grounds for each issue stated.” A charging party may not raise new allegations or present new supporting evidence on appeal without establishing good cause. Charging party articulated facts on appeal in an apparent effort to clarify her original charge, but she did not established good cause for this additional information to be considered.