Decision 2304E – California School Employees Association and its Chapter 500 (Williams)
LA-CO-1503-E
Decision Date: December 28, 2012
Decision Type: PERB Decision
Description: The charge alleged that California School Employees Association & its Chapter 500 breached its duty of fair representation when it failed to look into or pursue grievances, delayed in pursuing grievances and failed to communicate with charging party.
Disposition: The Board affirmed the dismissal of the charge for failure to state a prima facie case of breach of the duty of fair representation.
Perc Vol: 37
Perc Index: 153
Decision Headnotes
800.02000 – Grievance Handling/Contract Administration
Allegations that union failed to look into or pursue grievances, delayed in pursuing grievances and failed to communicate with charging party did not state prima facie violation of duty of fair representation, where charging party did not provide facts demonstrating union’s conduct was arbitrary, discriminatory or in bad faith. Each allegedly wrongful action or inaction involved an exercise of union’s discretion to determine whether or not to pursue grievances and none of the alleged wrongs consisted of union failing to perform a ministerial act that completely extinguished charging party’s rights.
800.05000 – Mode or Adequacy of Representation/Advocacy
Allegations that union failed to look into or pursue grievances, delayed in pursuing grievances and failed to communicate with charging party did not state prima facie violation of duty of fair representation, where charging party did not provide facts demonstrating union’s conduct was arbitrary, discriminatory or in bad faith. Each allegedly wrongful action or inaction involved an exercise of union’s discretion to determine whether or not to pursue grievances and none of the alleged wrongs consisted of union failing to perform a ministerial act that completely extinguished charging party’s rights.