Decision 2029E – California School Employees Association and its Chapter 410 (Payne)

LA-CE-1351-E

Decision Date: May 27, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 90

Decision Headnotes

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

Union did not breach duty of fair representation by failing to file a grievance over an employee performing work outside her classification, where Union’s decision was not arbitrary, discriminatory, or made in bad faith. Union negotiated the creation of a new classification for the employee with a higher salary and retroactive pay. Union may have reasonably believed that a grievance would have been unsuccessful and that negotiating would achieve a more favorable result.

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

Union did not breach duty of fair representation by failing to file a grievance over an employee performing work outside her classification, where Union’s decision was not arbitrary, discriminatory, or made in bad faith. Union negotiated the creation of a new classification for the employee with a higher salary and retroactive pay. Union may have reasonably believed that a grievance would have been unsuccessful and that negotiating would achieve a more favorable result.