Decision 2289E – Palos Verdes Faculty Association (Stever)

LA-CO-1517-E

Decision Date: October 15, 2012

Decision Type: PERB Decision

Description: The charge alleged that the union breached its duty of fair representation based upon the handling of grievances and mediation.

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.

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Perc Vol: 37
Perc Index: 91

Decision Headnotes

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

Charge failed to establish that union’s conduct in handling grievances and mediation session was arbitrary, discriminatory or in bad faith.

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.