Decision 2223E – Baldwin Park Education Association (Hayek, et al.)

LA-CO-1438-E

Decision Date: November 30, 2011

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 90

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
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.