Decision 1888E – United Teachers of Los Angeles (Okereke)

LA-CO-1241-E

Decision Date: February 27, 2007

Decision Type: PERB Decision

Description:  The charge alleged that the United Teachers of Los Angeles violated EERA by breaching its duty of fair representation when it failed to file grievances and adequately represent him when he received an “Inadequate Service Report.”

Disposition:  The Board upheld the dismissal because charging party failed to establish that the United Teachers of Los Angeles conduct was arbitrary, discriminatory or bad faith.

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Perc Vol: 31
Perc Index: 70

Decision Headnotes

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
404.01000 – In General

Charging party failed to demonstrate a prima facie case of interference where the University removed notices that were placed in an area beyond the bargained for area.

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

In order to state a prima facie violation under EERA, charging party must show that the respondent’s conduct was arbitrary, discriminatory or in bad faith.

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

Respondent did not violate its duty of fair representation when it was unable to persuade the Los Angeles Unified School District to remove an inadequate service report from charging party’s personnel file.