Decision 2095H – Coalition of University Employees (Hall)
SF-CO-170-H
Decision Date: February 4, 2010
Decision Type: PERB Decision
Description: Hall alleged that CUE breached its duty of fair representation by opposing her reclassification to a position outside of the bargaining unit.
Disposition: The Board affirmed the Board agent’s dismissal of the charge. The Board found that CUE’s opposition was not without a rational basis because a union has an interest in ensuring bargaining unit work is not removed from the unit.
Perc Vol: 34
Perc Index: 43
Decision Headnotes
800.01000 – In General; Prima Facie Case
Charge failed to establish prima facie case of breach of duty of fair representation because it alleged no facts showing that employee organization’s opposition to reclassification of charging party’s position out of the bargaining unit was arbitrary, discriminatory or in bad faith. Employee organization has a legitimate interest in ensuring bargaining unit work is not removed from unit. Employee organization communicated its reasons for opposing the reclassification to charging party on several occasions.
800.06000 – Other
Charge failed to establish prima facie case of breach of duty of fair representation because it alleged no facts showing that employee organization’s opposition to reclassification of charging party’s position out of the bargaining unit was arbitrary, discriminatory or in bad faith. Employee organization has a legitimate interest in ensuring bargaining unit work is not removed from unit. Employee organization communicated its reasons for opposing the reclassification to charging party on several occasions.
1100.05000 – Dismissal of Charge; Appeal
Under PERB Regulation 32635(b), the Board may not consider new allegations or new supporting evidence raised for the first time on appeal unless the charging party establishes good cause. No good cause to consider allegation raised for the first time on appeal that employee organization breached its fiduciary duty by not seeking out-of-class pay for charging party when charging party knew of employee organization’s inaction prior to filing amended charge.