Decision 2128E – California School Employees Association and its Chapter 168 (Gibson)

SA-CO-544-E

Decision Date: August 25, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 126

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.