Decision 2264E – Los Angeles County Education Association (Sanders)

LA-CO-1465-E

Decision Date: May 21, 2012

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 184

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.