Decision 1874E – California School Employees Association and Its Chapter 007 (Estacio and Martinez)
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.
Perc Vol: 31
Perc Index: 38
800.06000 – Other
An employee organization’s duty of fair representation does not apply to the handling of an unfair practice charge before PERB.
1101.06000 – 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.