Decision 2725E – California School Employees Association (Williams)
Decision Date: May 27, 2020
Decision Type: PERB Decision (Non-Precedential)
Description: Corinthia Williams, an employee of Colton Joint Unified School District, filed a charge against the union that exclusively represents District employees in specified classified positions, California School Employees Association (CSEA). The charge, as amended, alleged that CSEA breached its duty of fair representation by declining to represent Williams at a non-contractual hearing challenging her termination. PERB’s Office of the General Counsel (OGC) dismissed the amended charge for failing to state a prima facie case. OGC noted that CSEA did not owe Williams a duty to represent her in an extra-contractual forum. OGC also found that Williams failed to plead facts that, if proven, would show that CSEA’s decision was arbitrary, discriminatory, or in bad faith. Williams appealed.
Disposition: The Board affirmed OGC’s dismissal of Williams’ charge without leave to amend. The Board noted that Williams’ appeal did not directly challenge OGC’s analysis (with which the Board agreed), but instead relied on a new allegation. The Board rejected Williams’ new argument on both procedural and substantive grounds, finding she did not show good cause for raising a new allegation on appeal and, in any event her new allegation, if proven true, would be insufficient to establish a breach of the duty of fair representation.