Decision 2127E – Mount Diablo Education Association (Scott)

SF-CO-722-E

Decision Date: August 17, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 125

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.