Decision 2240E – California School Employees Association (Erwin)

SF-CO-745-E

Decision Date: February 24, 2012

Decision Type: PERB Decision

Description:  The charge alleged that the California School Employees Association breached its duty of fair representation with respect to the involuntary transfer of the charging party by the Vallejo City Unified School District.

Disposition:  The Board upheld the dismissal of the charge for failure to state a prima facie violation of the duty of fair representation.

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Perc Vol: 36
Perc Index: 127

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

Claim that union’s representation of another bargaining unit member adversely affected charging party did not establish prima facie violation of duty of fair representation. Duty of fair representation does not mean an employee organization is barred from making an agreement which may have an unfavorable effect on some members. Even if union negotiated an agreement that had an adverse effect on charging party, charge failed to demonstrate how union acted in a manner that was "without a rational basis or devoid of rational judgment," and thus breached its statutory duty of fair representation.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

Claim that union’s representation of another bargaining unit member adversely affected charging party did not establish prima facie violation of duty of fair representation. Duty of fair representation does not mean an employee organization is barred from making an agreement which may have an unfavorable effect on some members. Even if union negotiated an agreement that had an adverse effect on charging party, charge failed to demonstrate how union acted in a manner that was "without a rational basis or devoid of rational judgment," and thus breached its statutory duty of fair representation.

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 an 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 an 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 an amended charge.