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

LA-CE-1351-E

Decision Date: May 27, 2009

Decision Type: PERB Decision

Description: Charging Party alleged that the union violated EERA by breaching its duty of fair representation when it failed to file a grievance over Charging Party working outside her classification.

Disposition:  The Board upheld the Board agent’s dismissal because some of the allegations were untimely, and the Charging Party failed to establish that the union’s decisions were arbitrary, discriminatory, or made in bad faith.

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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.