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.
Perc Vol: 36
Perc Index: 127
Decision Headnotes
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.
800.02000 – 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.
1100.05000 – 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.
1107.04000 – 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.
1109.01000 – 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.