Decision 2003E – Glendale Guild/American Federation of Teachers Local 2276 (Waszak)
LA-CO-1319-E
Decision Date: January 30, 2009
Decision Type: PERB Decision
Description: Charging Party alleged that the Guild breached its duty of fair representation.
Disposition: The Board affirmed the dismissal because the charge failed to allege facts showing that the Guild acted “arbitrarily, discriminatorily, or in bad faith” by not filing a grievance over Charging Party’s late performance evaluation because the Guild’s executive committee discussed the merits of the grievance before deciding not to pursue it.
Perc Vol: 33
Perc Index: 35
Decision Headnotes
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
PERB has no jurisdiction over allegations of discrimination based on age.
800.01000 – In General; Prima Facie Case
Union did not breach its duty of fair representation by failing to file a grievance over a teacher’s late performance evaluation when the union’s executive committee discussed the potential grievance and decided against pursuing it. Union did not breach its duty of fair representation when union official encouraged individual to apply for a full-time position and the individual was selected for that position over charging party.
800.02000 – Grievance Handling/Contract Administration
Union did not breach its duty of fair representation by failing to file a grievance over a teacher’s late performance evaluation when the union’s executive committee discussed the potential grievance and decided against pursuing it.