Decision 2274E – Fillmore Unified Teachers Association (Hood)

LA-CO-1499-E

Decision Date: June 22, 2012

Decision Type: PERB Decision

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Decision Headnotes

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

Charge failed to demonstrate that unfavorable effects resulting from contract ratification election and resulting contract (charging party being given two classes he had not previously taught, not being afforded the right to transfer, and stress that led him to retire early for health reasons) demonstrate the union’s election or the contract it agreed to with the employer had a “substantial impact” on charging party’s employment relationship with his employer. Without allegations demonstrating substantial impact on charging party’s relationship with the employer, that conduct without a rational basis or devoid of honest judgment, or that charging party was denied opportunity to communicate his views to the union, allegations fail to establish a prima facie case of breach of the duty of fair representation.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.05000 – Mode or Adequacy of Representation/Advocacy

Charge failed to demonstrate that unfavorable effects resulting from contract ratification election and resulting contract (charging party being given two classes he had not previously taught, not being afforded the right to transfer, and stress that led him to retire early for health reasons) demonstrate the union’s election or the contract it agreed to with the employer had a “substantial impact” on charging party’s employment relationship with his employer. Without allegations demonstrating substantial impact on charging party’s relationship with the employer, that conduct without a rational basis or devoid of honest judgment, or that charging party was denied opportunity to communicate his views to the union, allegations fail to establish a prima facie case of breach of the duty of fair representation.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.01000 – In General

PERB does not have jurisdiction over allegation that union allowed members at one site, but not charging party’s site, to vote in contract ratification election on specified date, absent a showing that this conduct had a substantial impact on charging party’s relationship to his employer. Allegation that, as a result of this vote and subsequent contract, charging party was given two classes he had not previously taught, was not afforded a request for transfer, and that the ratified contract resulted in the employer being able to save itself money does not establish the required impact, because the dispute concerns internal union operations and communications with union members, not the ultimate outcome of negotiations between the union and the employer. Right provided by the employee organization itself, for example, the right to vote on contract ratification, is not provided by EERA.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.08000 – Other

PERB does not have jurisdiction over allegation that union allowed members at one site, but not charging party’s site, to vote in contract ratification election on specified date, absent a showing that this conduct had a substantial impact on charging party’s relationship to his employer. Allegation that, as a result of this vote and subsequent contract, charging party was given two classes he had not previously taught, was not afforded a request for transfer, and that the ratified contract resulted in the employer being able to save itself money does not establish the required impact, because the dispute concerns internal union operations and communications with union members, not the ultimate outcome of negotiations between the union and the employer. Right provided by the employee organization itself, for example, the right to vote on contract ratification, is not provided by EERA.

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

Good cause to consider new evidence on appeal not established, where documents predate dismissal letter and appeal provides no reason why these documents and factual allegations could not have been included in the original charge or in the amended charge.