Decision 2256E – Barstow College Faculty Association (Cauble)

LA-CO-1444-E

Decision Date: April 25, 2012

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 167

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.03000 – Negotiations

As a general rule, an exclusive representative enjoys a wide range of bargaining latitude; the 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, nor is an employee organization obligated to bargain a particular item benefiting certain unit members; where charge alleged that charging party was not given proper notice of an item up for vote on an issue concerning the evaluation of faculty members, that the exclusive representative did not follow its rules relating to quorum and that he was not provided with an opportunity to vote, charge failed to establish that the union’s bargaining conduct was arbitrary, discriminatory or lacking in good faith.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

In order to state a prima facie violation of the duty of fair representation, a charging party must at a minimum include an assertion of facts from which it becomes apparent in what manner the exclusive representative’s action or inaction was without a rational basis or devoid of honest judgment; the burden is on the charging party to show how an exclusive representative abused its discretion, and not on the exclusive representative to show how it properly exercised discretion; PERB will not review matters concerning internal union affairs unless they have a substantial impact on the relationship of unit members to their employer so as to give rise to the duty of fair representation; where charge alleged that charging party was not given proper notice of an item up for vote on an issue concerning the evaluation of faculty members, that the exclusive representative did not follow its rules relating to quorum and that he was not provided with an opportunity to vote, charge failed to allege how these internal union affairs had a substantial impact on the relationship of employees to their employer so as to give rise to a duty of fair representation.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal 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 was taken, the page or part of the dismissal to which the appeal was taken, or the ground for each issue stated, the appeal was subject to dismissal; 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); no good cause to consider on appeal new allegations or new supporting evidence where dates of events alleged for the first time on appeal predate the dismissal of the charge and appeal provides no reason why these allegations could not have been included in the original or amended charges and why the new supporting evidence could not have been provided to the Board agent during the processing of the charge.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.01000 – In General

Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal 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 was taken, the page or part of the dismissal to which the appeal was taken, or the ground for each issue stated, the appeal was subject to dismissal; 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); no good cause to consider on appeal new allegations or new supporting evidence where dates of events alleged for the first time on appeal predate the dismissal of the charge and appeal provides no reason why these allegations could not have been included in the original or amended charges and why the new supporting evidence could not have been provided to the Board agent during the processing of the charge.