Decision 2643E – California School Employees Association (Williams)

LA-CO-1694-E

Decision Date: May 17, 2019

Decision Type: PERB Decision

Description:  Charging party excepted to a proposed remedy.  The ALJ dismissed allegations that CSEA breached its duty of fair representation by not filing a grievance on her behalf but ruled in her favor based on CSEA’s subsequent failure to provide her with the reason for not filing the grievance.  The proposed decision included an order that CSEA provide charging party with a written explanation of its reasons for not pursuing her requested grievance.

Disposition:  The Board affirmed the proposed remedy, dismissing charging party’s claim that she was entitled to monetary “make whole” remedies as a prevailing party.  Charging party did not except to the ALJ’s determination that her grievance lacked merit.  Thus, there was no basis for the Board to provide monetary relief.

View Full Text (PDF)

Perc Vol: 43
Perc Index: 185

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

When a union fails to fairly represent an employee in grievance processing, the employee is not entitled to make whole relief unless he or she would have prevailed had the union properly processed the grievance. (p. 8.) In such case, the typical remedy is an order that the union process the grievance or make the employee whole if that process is not available or would be ineffectual. The latter remedy requires the employee prove in compliance proceedings that he or she would have prevailed on a properly process grievance. (p. 8, fn. 5.)

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.01000 – In General

EERA section 3541.5(c) grants PERB “broad remedial powers to effectuate the purposes of the EERA,” including an award of monetary damages when such relief is necessary to place the injured party in the position it would have been in had the wrongful conduct not occurred, i.e., to make the injured party “whole.” But PERB does not presume damages on the part of employees, even where the representative has failed to adequately represent them. (p. 7.)

1108.00000 – UNFAIR PRACTICE PROCEDURES; COMPLIANCE
1108.01000 – In General

When a union fails to fairly represent an employee in grievance processing, the employee is not entitled to make whole relief unless he or she would have prevailed had the union properly processed the grievance. (p. 8.) In such case, the typical remedy is an order that the union process the grievance or make the employee whole if that process is not available or would be ineffectual. The latter remedy requires the employee prove in compliance proceedings that he or she would have prevailed on a properly process grievance. (p. 8, fn. 5.)

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.18000 – Review of Findings Not Excepted To

When neither party excepts to the merits of a proposed decision, the merits are not before the Board and are thus final and binding only on the parties to that proposed decision. (p. 2, fn. 2.)

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.05000 – Precedential Authority of PERB Decisions

When neither party excepts to the merits of a proposed decision, the merits are not before the Board and are thus final and binding only on the parties to that proposed decision. (p. 2, fn. 2.)

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

When neither party excepts to the merits of a proposed decision, the merits are not before the Board and are thus final and binding only on the parties to that proposed decision. (p. 2, fn. 2.)

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.01000 – In General

When neither party excepts to the merits of a proposed decision, the merits are not before the Board and are thus final and binding only on the parties to that proposed decision. (PERB Regulations 32300(c), 32305(a).) (p. 2, fn. 2.)

1204.00000 – REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION
1204.01000 – In General

When a union fails to fairly represent an employee in grievance processing, the employee is not entitled to make whole relief unless he or she would have prevailed had the union properly processed the grievance. (p. 8.) In such case, the typical remedy is an order that the union process the grievance or make whole relief if that process is not available or would be ineffectual. The latter remedy requires the employee prove in compliance proceedings that he or she would have prevailed on a properly process grievance. (p. 8, fn. 5.) Charging Party was bound by the ALJ’s conclusion that her requested grievance lacked merit because she did not except to it. With no basis for the Board to conclude that she would have prevailed on her requested grievance, she was not allowed monetary relief. (p. 8)

1202.00000 – REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY
1202.01000 – In General

EERA section 3541.5(c) grants PERB “broad remedial powers to effectuate the purposes of the EERA,” including an award of monetary damages when such relief is necessary to place the injured party in the position it would have been in had the wrongful conduct not occurred, i.e., to make the injured party “whole.” But PERB does not presume damages on the part of employees, even where the representative has failed to adequately represent them. (p. 7.)

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.08000 – Other

When a union fails to fairly represent an employee in grievance processing, the employee is not entitled to make whole relief unless he or she would have prevailed had the union properly processed the grievance. (p. 8.) In such case, the typical remedy is an order that the union process the grievance or make whole relief if that process is not available or would be ineffectual. The latter remedy requires the employee prove in compliance proceedings that he or she would have prevailed on a properly process grievance. (p. 8, fn. 5.) Charging Party was bound by the ALJ’s conclusion that her requested grievance lacked merit because she did not except to it. With no basis for the Board to conclude that she would have prevailed on her requested grievance, she was not allowed monetary relief. (p. 8)

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.08000 – Other

EERA section 3541.5(c) grants PERB “broad remedial powers to effectuate the purposes of the EERA,” including an award of monetary damages when such relief is necessary to place the injured party in the position it would have been in had the wrongful conduct not occurred, i.e., to make the injured party “whole.” But PERB does not presume damages on the part of employees, even where the representative has failed to adequately represent them. (p. 7.)

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.01000 – In General

When a union fails to fairly represent an employee in grievance processing, the employee is not entitled to make whole relief unless he or she would have prevailed had the union properly processed the grievance. (p. 8.) In such case, the typical remedy is an order that the union process the grievance or make whole relief if that process is not available or would be ineffectual. The latter remedy requires the employee prove in compliance proceedings that he or she would have prevailed on a properly process grievance. (p. 8, fn. 5.) Charging Party is bound by the ALJ’s conclusion that her requested grievance lacked merit because she did not except to it. With no basis for the Board to conclude that she would have prevailed on her requested grievance, she is not allowed monetary relief. (p. 8)

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.03000 – Back Pay; Interest

EERA section 3541.5(c) grants PERB “broad remedial powers to effectuate the purposes of the EERA,” including an award of monetary damages when such relief is necessary to place the injured party in the position it would have been in had the wrongful conduct not occurred, i.e., to make the injured party “whole.” But PERB does not presume damages on the part of employees, even where the representative has failed to adequately represent them. (p. 7.)

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.01000 – In General

When a union fails to fairly represent an employee in grievance processing, the employee is not entitled to make whole relief unless he or she would have prevailed had the union properly processed the grievance. (p. 8.) In such case, the typical remedy is an order that the union process the grievance or make the employee whole if that process is not available or would be ineffectual. The latter remedy requires the employee prove in compliance proceedings that he or she would have prevailed on a properly process grievance. (p. 8, fn. 5.) Charging Party was bound by the ALJ’s conclusion that her requested grievance lacked merit because she did not except to it. With no basis for the Board to conclude that she would have prevailed on her requested grievance, she was not allowed monetary relief. (p. 8)

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

When neither party excepts to the merits of a proposed decision, the merits are not before the Board and are thus final and binding only on the parties to that proposed decision. (PERB Regulations 32300(c), 32305(a).) (p. 2, fn. 2.)