Decision 2551E – Fontana Teachers Association
Decision Date: February 22, 2018
Decision Type: PERB Decision (Non-Precedential)
Description: Charging Party alleged that her Association and/or CTA violated the duty of fair representation by refusing to represent her in the grievance process and by refusing to provide her with an access to an attorney.
Disposition: The Office of the General Counsel dismissed the charge on the grounds that Charging Party’s allegations on the bases of untimeliness and being outside PERB’s jurisdiction. The Board affirmed the dismissal and adopted the Warning and Dismissal Letters. The Board further reasoned that even if the allegations were timely, Charging Party had failed to state a prima facie case because the Respondent had no duty to represent employees in enforcing rights not secured by a collective bargaining agreement and therefore beyond the exclusive reach of the union.
Perc Vol: 42
Perc Index: 107