Decision 1959E – Sacramento City Teachers Association (Franz)

No violation of duty of fair representation where Union did not misrepresent that state mediator was present at Charging Party’s grievance hearing.

No violation of duty of fair representation where Union did not misrepresent that state mediator was present at Charging Party’s grievance hearing.

“Clear and concise statement of the facts and conduct alleged to constitute an unfair practice,” as required by PERB Regulation 32615(a)(5), must be stated in the charge itself. Mention of the facts in attached documents, without reference to those facts in the charge itself, is insufficient to satisfy the Regulation. Charge did not satisfy PERB Regulation 32615(a)(5) because, while facts were contained in documents attached to the charge, those facts were not referenced in the charge itself.

An amendment relates back to the original charge only when it clarifies facts alleged in the original charge or adds a new legal theory based on facts alleged in the original charge. Amended charge did not relate back to original charge because original charge contained no factual allegations.

A violation within the statute of limitations period may revive an earlier violation outside the limitations period if the violations are of the same type and the violation within the limitations period constitutes an independent unfair practice without reference to the prior violation. Charging Party failed to establish continuing violation because the alleged violations within the statute of limitations period were not of the same type as those outside of the limitations period.