Decision 1903E – California School Employees Association and its Chapter 374 (Wyman)

LA-CO-1268-E

Decision Date: May 7, 2007

Decision Type: PERB Decision

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Perc Vol: 31
Perc Index: 94

Decision Headnotes

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

An employee did not allege sufficient facts to demonstrate that her grievance was denied due to untimeliness. Further, she alleged no facts demonstrating how her union’s conduct was willful, wanton, done in bad faith or arbitrary, but merely state such as a conclusion. An employee’s charge is dismissed, as she offered no factual support for her allegation that her union would have filed a timely grievance were it not for her physical handicap. A union’s failure to follow exactly the requirements of the grievance process outlined in the collective bargaining agreement does not, without more, demonstrate conduct that can be considered discriminatory, arbitrary, or in bad faith. A union's failure to obtain a member's approval prior to settlement of a grievance does not constitute a breach of the duty of fair representation because that factor alone does not amount to arbitrary conduct.

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

An employee did not allege sufficient facts to demonstrate that her grievance was denied due to untimeliness. Further, she alleged no facts demonstrating how her union’s conduct was willful, wanton, done in bad faith or arbitrary, but merely state such as a conclusion. An employee’s charge is dismissed, as she offered no factual support for her allegation that her union would have filed a timely grievance were it not for her physical handicap. A union’s failure to follow exactly the requirements of the grievance process outlined in the collective bargaining agreement does not, without more, demonstrate conduct that can be considered discriminatory, arbitrary, or in bad faith. A union's failure to obtain a member's approval prior to settlement of a grievance does not constitute a breach of the duty of fair representation because that factor alone does not amount to arbitrary conduct.

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

A union's failure to obtain a member's approval prior to settlement of a grievance does not constitute a breach of the duty of fair representation, because that factor alone does not amount to arbitrary conduct. An allegation that the union stewards’ assistance was flawed is not persuasive as the duty of fair representation does not contemplate the complete satisfaction for all represented and the allegation does not indicate that the union stewards’ conduct was performed without good faith or honesty.