Decision 2874E – California School Employees Association and its Chapter 183 (Kimery)


Decision Date: October 6, 2023

Decision Type: PERB Decision (Non-Precedential)

Description:  Charging Party Liz Kimery alleged that Respondent California School Employees Association, Chapter 183 (CSEA) violated the Educational Employment Relations Act by breaching its duty of fair representation. After PERB’s Office of the General Counsel (OGC) issued Kimery a warning letter, Kimery amended the charge. OGC subsequently dismissed the charge for failure to state a prima facie case of any unfair practice. On appeal, Kimery alleged that the charge stated a prima facie case that CSEA breached its duty of fair representation by: (1) failing to conduct an adequate investigation of her case; (2) depriving her of “the necessary support for [her] to continue with [her] dispute or grievance with the [San Bernardino City Unified School District];” and (3) discriminating against her based on “racial animus.”

Disposition:  In a non-precedential decision, the Board affirmed OGC’s dismissal of the charge.

Perc Vol: 48
Perc Index: 62

Decision Headnotes

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