Decision 2224E – California School Employees Association (Milner)
LA-CO-1469-E
Decision Date: November 30, 2011
Decision Type: PERB Decision
Description: The charge alleged that the California School Employees Association breached its duty of fair representation by failing to adequately assist the charging party with her concerns over actions by her employer.
Disposition: The Board upheld the dismissal of the charge for failure to state a prima facie violation of the duty of fair representation.
Perc Vol: 36
Perc Index: 91
Decision Headnotes
800.01000 – In General; Prima Facie Case
Charge failed to provide sufficient facts to show how handling of grievance over lunch breaks was arbitrary or in bad faith, where union successfully resolved dispute; charge failed to provide sufficient facts to show charging party requested assistance from union over alleged unjustified writeup; union generally does not have a duty to pursue a union member’s race-based civil rights claims unless the collective bargaining agreement contains a non-discrimination clause or if the agreement itself is discriminatory; charge failed to establish duty of union to pursue discrimination claims.
800.02000 – Grievance Handling/Contract Administration
Charge failed to provide sufficient facts to show how handling of grievance over lunch breaks was arbitrary or in bad faith, where union successfully resolved dispute; charge failed to provide sufficient facts to show charging party requested assistance from union over alleged unjustified writeup; union generally does not have a duty to pursue a union member’s race-based civil rights claims unless the collective bargaining agreement contains a non-discrimination clause or if the agreement itself is discriminatory; charge failed to establish duty of union to pursue discrimination claims.
800.05000 – Mode or Adequacy of Representation/Advocacy
Charge failed to provide sufficient facts to show how handling of grievance over lunch breaks was arbitrary or in bad faith, where union successfully resolved dispute; charge failed to provide sufficient facts to show charging party requested assistance from union over alleged unjustified writeup; union generally does not have a duty to pursue a union member’s race-based civil rights claims unless the collective bargaining agreement contains a non-discrimination clause or if the agreement itself is discriminatory; charge failed to establish duty of union to pursue discrimination claims.
1100.05000 – Dismissal of Charge; Appeal
Appeal that merely restates facts alleged in original charge but failed 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 the grounds for each issue, is subject to dismissal. No good cause to consider new factual allegations provided for the first time on appeal that all predate dismissal letter, where no reason provided why they could not have been alleged in the original charge or in the amended charge.
1107.04000 – Unalleged Violations
Appeal that merely restates facts alleged in original charge but failed 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 the grounds for each issue, is subject to dismissal. No good cause to consider new factual allegations provided for the first time on appeal that all predate dismissal letter, where no reason provided why they could not have been alleged in the original charge or in the amended charge.
1109.01000 – In General
Appeal that merely restates facts alleged in original charge but failed 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 the grounds for each issue, is subject to dismissal. No good cause to consider new factual allegations provided for the first time on appeal that all predate dismissal letter, where no reason provided why they could not have been alleged in the original charge or in the amended charge.