Decision 1874E – California School Employees Association and Its Chapter 007 (Estacio and Martinez)

SA-CO-503-E

Decision Date: December 29, 2006

Decision Type: PERB Decision

Description: The charge alleged that the California School Employees Association and its Chapter 007 failed to comply with the duty of fair representation.

Disposition:  The Board dismissed the unfair practice charge without leave to amend based upon the statute of limitations.  The Board also affirmed the Board agent’s finding that there is no duty of fair representation in the processing of an unfair practice charge with PERB.

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Perc Vol: 31
Perc Index: 38

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.06000 – Other

An employee organization’s duty of fair representation does not apply to the handling of an unfair practice charge before PERB.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.06000 – Statutory and Equitable Tolling

The unfair practice charge claiming a violation of the duty of fair representation was barred by the six-month statute of limitations.