Decision 2223E – Baldwin Park Education Association (Hayek, et al.)
LA-CO-1438-E
Decision Date: November 30, 2011
Decision Type: PERB Decision
Description: The charge alleged that the Baldwin Park Education Association breached its duty of fair representation by failing to enforce contract terms relating to a salary schedule and a health benefits committee and by failing to negotiate a more favorable fringe benefits package.
Disposition: The Board upheld the dismissal of the charge for failure to state a prima facie violation of the duty of fair representation, concluding that the charge failed to establish that the union’s negotiating conduct was lacking in good faith or honesty of purpose.
Perc Vol: 36
Perc Index: 90
Decision Headnotes
101.04000 – Statutues in Other Jurisdictions
PERB has no jurisdiction over employment-related discrimination claims enforced by the Department of Fair Employment and Housing; PERB’s jurisdiction under EERA section 3543.6, subdivision (b), is limited, in pertinent part, to discrimination that occurs not on account of an employer’s age or marital status but on account of an employee’s exercise of rights under the collective bargaining statute.
800.03000 – Negotiations
A union’s duty of fair representation requires it to refrain from representing its members arbitrarily, discriminatorily or in bad faith; although the duty of fair representation includes a union’s negotiating conduct, as a general rule, an exclusive representative enjoys a wide range of bargaining latitude; the mere fact that an agreement reached by an exclusive representative has an unfavorable effect on some members is not sufficient to demonstrate a violation; the question is whether the exclusive representative exercised its discretion in good faith and with honesty of purpose; where charging party alleged that the union breached its duty of fair representation when it negotiated for a composite rate based health care design that places a disproportionate burden on members who are single, such factual allegations do not establish a prima facie violation.
1100.05000 – Dismissal of Charge; Appeal
Unless good cause is shown, a charging party may not present on appeal new charge allegations or new supporting evidence under PERB Regulation 32635, subdivision (b); where charging party failed to present additional information to the Board agent at the charge processing stage of the proceedings, as specifically requested in the warning letter, because she was instead planning to present it when her case was heard, good cause was not shown.
1109.01000 – In General
Unless good cause is shown, a charging party may not present on appeal new charge allegations or new supporting evidence under PERB Regulation 32635, subdivision (b); where charging party failed to present additional information to the Board agent at the charge processing stage of the proceedings, as specifically requested in the warning letter, because she was instead planning to present it when her case was heard, good cause was not shown.