Decision 2644E – Twin Rivers United Educators (Wu)
Decision Date: May 21, 2019
Decision Type: PERB Decision (Non-Precedential)
Description: Charging party alleged that her exclusive representative violated its duty of fair representation in failing to represent her in her claim against her school district employer, whom she asserted had misclassified her as a substitute teacher. PERB’s Office of the General Counsel (OGC) dismissed the charge, concluding that an exclusive representative only owes a duty of fair representation to members of the bargaining unit it represents and, in this case, substitute teachers, including charging party, were not members of the bargaining unit. Charging party appealed OGC’s dismissal, which included, for the first time, new evidence she argued supported the allegations in her charge, as well as new allegations of unlawful conduct by her exclusive representative.
Disposition: The Board denied the appeal and adopted the dismissal. Charging party did not establish good cause to justify consideration of the new evidence and allegations on appeal.
Perc Vol: 43
Perc Index: 188