Decision 2127E – Mount Diablo Education Association (Scott)
SF-CO-722-E
Decision Date: August 17, 2010
Decision Type: PERB Decision
Description: The complaint alleged that the Association breached its duty of fair representation by not filing grievances on Scott’s behalf, not appealing grievances in a timely manner, and failing to communicate with Scott.
Disposition: The Board affirmed the ALJ’s dismissal of the complaint. The Board held that, while the Association’s handling of Scott’s personnel issues may have been negligent at times, its overall pattern of conduct was one of assistance.
Perc Vol: 34
Perc Index: 125
Decision Headnotes
800.01000 – In General; Prima Facie Case
Union did not breach its duty of fair representation under “pattern of conduct” theory. Despite its failure to provide employee with grievance responses, appeal one grievance within contractual time limits and appeal another grievance at all, the union’s overall pattern of conduct was one of assistance to the employee.
800.02000 – Grievance Handling/Contract Administration
Union did not breach its duty of fair representation under “pattern of conduct” theory. Despite its failure to provide employee with grievance responses, appeal one grievance within contractual time limits and appeal another grievance at all, the union’s overall pattern of conduct was one of assistance to the employee.
800.06000 – Other
Union did not breach its duty of fair representation under “pattern of conduct” theory. Despite its failure to provide employee with grievance responses, appeal one grievance within contractual time limits and appeal another grievance at all, the union’s overall pattern of conduct was one of assistance to the employee.
1101.01000 – In General
In cases alleging a union’s breach of the duty of fair representation under a “pattern of conduct” theory, a violation may be established based on inaction that occurred more than six months before the charge was filed, provided the inaction was part of the same course of conduct as inaction within the statutory limitations period.
1101.04000 – Continuing Violation
In cases alleging a union’s breach of the duty of fair representation under a “pattern of conduct” theory, a violation may be established based on inaction that occurred more than six months before the charge was filed, provided the inaction was part of the same course of conduct as inaction within the statutory limitations period.
1105.18000 – Relevance
ALJ properly excluded letter to employer in which union attorney disclosed employee’s medical condition. Letter did not pertain to any of the allegations in the complaint and PERB has no jurisdiction over claims of disability discrimination.