Decision 2208E – California School Employees Association and its Chapter 724 (Davis)
LA-CO-1448-E
Decision Date: October 6, 2011
Decision Type: PERB Decision
Description: The charge alleged that CSEA breached its duty of fair representation by failing to file grievance on charging party’s behalf.
Disposition: The Board affirmed the dismissal of the charge for failure to state a prima face case of violation of the duty of fair representation.
Perc Vol: 36
Perc Index: 61
Decision Headnotes
800.01000 – In General; Prima Facie Case
The mere fact that union attempted to resolve employee’s concerns through an informal process rather than through the formal grievance process does not establish a violation of the duty of fair representation. Replacement of one mediation representative with another does not establish violation of duty of fair representation, as selection of representative is an internal union activity not subject to PERB review.
800.02000 – Grievance Handling/Contract Administration
The mere fact that union attempted to resolve employee’s concerns through an informal process rather than through the formal grievance process does not establish a violation of the duty of fair representation. Replacement of one mediation representative with another does not establish violation of duty of fair representation, as selection of representative is an internal union activity not subject to PERB review.
800.05000 – Mode or Adequacy of Representation/Advocacy
The mere fact that union attempted to resolve employee’s concerns through an informal process rather than through the formal grievance process does not establish a violation of the duty of fair representation. Replacement of one mediation representative with another does not establish violation of duty of fair representation, as selection of representative is an internal union activity not subject to PERB review.
1100.05000 – Dismissal of Charge; Appeal
To satisfy the requirements of PERB Regulation 32635(a), the appeal must sufficiently place the Board “on notice of the issues raised on appeal.” Appeal that merely restates facts alleged in the original charge, but fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or grounds for each issue, is subject to dismissal. No good cause exists to consider documents presented for the first time on appeal that are either undated or bear dates that predate the dismissal of the charge, where appeal provides no reason why they could not have been alleged in the original charge or in an amended charge.
1101.01000 – In General
The mere fact that union attempted to resolve employee’s concerns through an informal process rather than through the formal grievance process does not establish a violation of the duty of fair representation. Accordingly, employee’s discovery that union pursued informal resolution does not preserve timeliness of claim. Instead, statute of limitations began to run when charging party knew or should have known that assistance from the union was not forthcoming.
1109.01000 – In General
To satisfy the requirements of PERB Regulation 32635(a), the appeal must sufficiently place the Board “on notice of the issues raised on appeal.” Appeal that merely restates facts alleged in the original charge, but fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or grounds for each issue, is subject to dismissal. No good cause exists to consider documents presented for the first time on appeal that are either undated or bear dates that predate the dismissal of the charge, where appeal provides no reason why they could not have been alleged in the original charge or in an amended charge.