Decision 1889H – California Faculty Association (Wunder)

SA-CO-24-H

Decision Date: March 1, 2007

Decision Type: PERB Decision

Description:  The charging party excepted to the ALJ’s conclusion that the California Faculty Association did not breach the duty of fair representation under HEERA when it decided not to advance her grievance to arbitration.

Disposition:  The Board adopted the ALJ’s proposed decision, which relied, in part, upon the terms of the collective bargaining agreement.

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Perc Vol: 31
Perc Index: 71

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

Union did not violate duty of fair representation where it decided not to advance a grievance to arbitration based upon a determination that the grievance had no merit. It was consistent with the CBA in this case, and not unreasonable, for a faculty member to be required to teach introductory courses within a department.

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

Union did not violate duty of fair representation where it decided not to advance a grievance to arbitration based upon a determination that the grievance had no merit. It was consistent with the CBA in this case, and not unreasonable, for a faculty member to be required to teach introductory courses within a department.