Decision 2264E – Los Angeles County Education Association (Sanders)
LA-CO-1465-E
Decision Date: May 21, 2012
Decision Type: PERB Decision
Description: The charge alleged the Los Angeles County Education Association violated its duty of fair representation by failing to represent an employee after she was banned from two school sites.
Disposition: The Board upheld the dismissal of the charge for failure to state a prima facie case of breach of the duty of fair representation.
Perc Vol: 36
Perc Index: 184
Decision Headnotes
800.01000 – In General; Prima Facie Case
Charge failed to establish prima facie violation of duty of fair representation based upon failure to take grievance to arbitration, where allegations of charge established that union assigned at least three representatives, including an attorney, to assist employee in resolving her dispute with her employer and repeatedly informed her that employer’s decision to reassign her likely did not constitute a basis for filing a grievance. Charge failed to allege facts showing decision not to file grievance was arbitrary, discriminatory, or lacking in good faith, or that it was without a rational basis and devoid of honest judgment. In addition, charge fails to allege facts showing union’s failure to file grievance foreclosed employee from pursuing a remedy herself.
800.02000 – Grievance Handling/Contract Administration
Charge failed to establish prima facie violation of duty of fair representation based upon failure to take grievance to arbitration, where allegations of charge established that union assigned at least three representatives, including an attorney, to assist employee in resolving her dispute with her employer and repeatedly informed her that employer’s decision to reassign her likely did not constitute a basis for filing a grievance. Charge failed to allege facts showing decision not to file grievance was arbitrary, discriminatory, or lacking in good faith, or that it was without a rational basis and devoid of honest judgment. In addition, charge fails to allege facts showing union’s failure to file grievance foreclosed employee from pursuing a remedy herself.