Decision 2695E – Berkeley Federation of Teachers, Local 1078 (Crowell)
Decision Date: February 5, 2020
Decision Type: PERB Decision (Non-Precedential)
Description: Charging Party Brian Crowell (Crowell), a teacher at Berkeley Unified School District (District), alleged that a union that exclusively represents District teachers, Berkeley Federation of Teachers, Local 1078 (Local 1078), breached its duty of fair representation in the course of settling a grievance regarding class sizes. PERB’s Office of the General Counsel (OGC) dismissed the charge for failing to state a prima facie case. Crowell timely appealed OGC’s dismissal.
Disposition: In a non-precedential decision issued pursuant to PERB Regulation 32320, subdivision (d), the Board found that Crowell did not allege sufficient facts that, if proven, would establish that Local 1078 engaged in arbitrary, discriminatory, or bad faith conduct, and accordingly affirmed the dismissal of the unfair practice charge.