Decision 2003E – Glendale Guild/American Federation of Teachers Local 2276 (Waszak)

LA-CO-1319-E

Decision Date: January 30, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 35

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 has no jurisdiction over allegations of discrimination based on age.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.