Decision 1964E – United Teachers of Los Angeles (DePace)

LA-CO-1320-E

Decision Date: June 18, 2008

Decision Type: PERB Decision

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Perc Vol: 32
Perc Index: 102

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

PERB does not have jurisdiction to enforce provisions of the Education Code, but it may interpret the Education Code as necessary to carry out its duty to administer EERA.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)

PERB may not issue a complaint on any charge that would not also constitute an unfair practice. Thus, an alleged violation of a collective bargaining agreement cannot be remedied by PERB unless it also violates EERA.

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

Absent bad faith, discrimination, or arbitrary conduct, mere negligence or poor judgment in handling a grievance does not constitute a breach of the duty of fair representation by a union. Thus, the denial of a member’s request to file a grievance, without more, does not constitute a breach of the union’s duty of fair representation to the member.