Decision 2224E – California School Employees Association (Milner)

LA-CO-1469-E

Decision Date: November 30, 2011

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 91

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
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.