Decision 1897E – United Educators of San Francisco (Gillead)

SF-CO-657-E

Decision Date: April 10, 2007

Decision Type: PERB Decision

Description:  The charge alleged that the United Educators of San Francisco violated EERA by breaching its duty of fair representation.

Disposition:  The Board upheld the dismissal finding that the association’s decision not to pursue an individual grievance but rather a class action grievance did not violate the duty of fair representation.

View Full Text (PDF)

Perc Vol: 31
Perc Index: 87

Decision Headnotes

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

For the purposes of establishing a violation of the duty of fair representation, a charging party must show that the union’s conduct was arbitrary, discriminatory, or in bad faith. It is not a violation for a union to consolidate charging party’s grievance with a class action grievance.

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

For the purposes of establishing a violation of the duty of fair representation, a charging party must show that the union’s conduct was arbitrary, discriminatory, or in bad faith. It is not a violation for a union to consolidate charging party’s grievance with a class action grievance.