Decision 2047E – California Teachers Association (Bussman)
LA-CO-1330-E
Decision Date: June 30, 2009
Decision Type: PERB Decision
Description: Charging Party alleged that CTA violated the duty of fair representation by failing to represent him in a challenge to the legality of certain pay provisions negotiated in the contract between the exclusive representative and the District.
Disposition: The Board affirmed the Board agent’s dismissal, finding that since CTA was not the designated exclusive representative of the District’s certificated employees, no duty of fair representation is owed to bargaining unit members.
Perc Vol: 33
Perc Index: 125
Decision Headnotes
202.02000 – Exclusive Representatives
Where the California Teachers Association (CTA) is not the designated exclusive representative, EERA does not impose a duty of fair representation on CTA. Therefore, a charge specifically against CTA for failure to provide charging party with representation, is not a violation of EERA.
202.06000 – Nonexclusive Representatives
Where CTA is not the designated exclusive representative, EERA does not impose a duty of fair representation on CTA. Therefore, a charge specifically against CTA for failure to provide charging party with representation, is not a violation of EERA.
800.01000 – In General; Prima Facie Case
Where CTA is not the designated exclusive representative, EERA does not impose a duty of fair representation on CTA. Therefore, a charge specifically against CTA for failure to provide charging party with representation, is not a violation of EERA.