Decision 2128E – California School Employees Association and its Chapter 168 (Gibson)
SA-CO-544-E
Decision Date: August 25, 2010
Decision Type: PERB Decision
Description: The Board upheld the dismissal of an unfair practice charge by a Board agent in which the charging party alleged the California School Employees Association & its Chapter 168 violated EERA by settling grievances filed on the charging party’s behalf without obtaining her consent.
Disposition: The Board held that the charging party failed to plead sufficient facts to demonstrate the Union’s conduct was arbitrary, discriminatory or in bad faith.
Perc Vol: 34
Perc Index: 126
Decision Headnotes
800.01000 – In General; Prima Facie Case
In general, unions enjoy wide latitude in contract negotiations. Consequently, a union is not required to satisfy all union members, is not barred from making an agreement that has an unfavorable effect on some union members, and is not obligated to bargain an item that will benefit certain unit members only.
800.02000 – Grievance Handling/Contract Administration
Generally, PERB will not find a refusal to pursue a grievance constitutes a breach of the duty of fair representation if the union made an honest, reasonable determination that the grievance lacks merit. In analyzing whether an “honest judgment” has been made, PERB does not judge whether the union’s assessment was correct, but only whether that judgment had a rational basis, or was reached for reasons that were arbitrary or based upon invidious discrimination.
800.05000 – Mode or Adequacy of Representation/Advocacy
In general, unions enjoy wide latitude in contract negotiations. Consequently, a union is not required to satisfy all union members, is not barred from making an agreement that has an unfavorable effect on some union members, and is not obligated to bargain an item that will benefit certain unit members only.