Decision 2259E – Beaumont Teachers Association/California Teachers Association (Grace)

LA-CO-1410-E

Decision Date: April 26, 2012

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 171

Decision Headnotes

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

In order to state a prima facie violation of the duty of fair representation, charging party must show that the respondent’s conduct was arbitrary, discriminatory or lacking in good faith; the duty of fair representation only applies to the enforcement of contract-based remedies under a union’s exclusive control, and therefore does not apply to actions in extra-contractual forums, such as pursing a lawsuit in civil court or enforcing the provisions of the Education Code; a union has no obligation to provide an employee with legal counsel or to assist an employee with legal fees; where union declined to pursue any action against the school district for an alleged violation of the non-reelection notice requirements under the Education Code, providing charging party with its rationale in a letter, and further declined to provide charging party with legal fees and/or legal representation, charge failed to state a prima facie violation of the 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 reiterated allegations in the charge and advanced no argument on appeal that was not considered and addressed by the Board agent, repeating almost verbatim text from a document attached to the amended charge, the appeal was subject to dismissal.

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 reiterated allegations in the charge and advanced no argument on appeal that was not considered and addressed by the Board agent, repeating almost verbatim text from a document attached to the amended charge, the appeal was subject to dismissal.