Decision 2371E – National Education Association-Jurupa (Norman)

LA-CO-1564-E

Decision Date: April 18, 2014

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 38
Perc Index: 156

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)

PERB does not have jurisdiction to enforce alleged contracts between a charging party and an employee organization. Charging Party failed to state a prima facie case for breach of the duty of fair representation by allegation that employee organization failed to provide him with an attorney in a permanent teacher dismissal proceeding. EERA does not require employee organizations to offer members economic benefits such as legal services, and nothing in EERA envisions PERB enforcing such alleged promises to provide member benefits.

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

PERB does not have jurisdiction to enforce alleged contracts between a charging party and an employee organization. Charging Party failed to state a prima facie case for breach of the duty of fair representation by allegation that employee organization failed to provide him with an attorney in a permanent teacher dismissal proceeding. EERA does not require employee organizations to offer members economic benefits such as legal services, and nothing in EERA envisions PERB enforcing such alleged promises to provide member benefits.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

An exclusive representative owes no duty of fair representation to a unit member unless the exclusive representative possesses the exclusive means by which such member can vindicate an individual right, and the right in question derives from a CBA. Permanent teacher dismissal proceedings are governed exclusively by the Education Code, and are beyond the scope of negotiations under EERA. Therefore, it was legally impossible for permanent teacher dismissal proceedings to be a term and condition contained in a CBA between the District and NEA-J, and NEA-J owed no duty of fair representation for the statutory teacher dismissal procedure. The CTA is not the exclusive representative for certificated bargaining units, and therefore owes no duty of fair representation.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

Union is not obliged by EERA to provide membership benefits such as legal services, and PERB does not have authority to enforce alleged agreements between members and their employee organization to provide such benefits.

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

Employee organization does not violate the duty of fair representation by refusing to provide member with an attorney in a statutory permanent teacher dismissal hearing.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.03000 – Education Code Sections Considered by PERB (By Subject)

Permanent teacher dismissal proceedings are governed exclusively by the Education Code, and are beyond the scope of negotiations under EERA. Therefore, it was legally impossible for permanent teacher dismissal proceedings to be a term and condition contained in a CBA between the District and exclusive representative. Therefore, exclusive representative owed no duty of fair representation in the statutory teacher dismissal procedure.