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Decision 2912E – Faculty Association of Santa Monica College (Eshaghian)

LA-CO-1821-E

Decision Date: July 23, 2024

Decision Type: PERB Decision (Non-Precedential)

Description:  PERB’s Office of the General Counsel issued a complaint alleging that Respondent Faculty Association of Santa Monica College violated the duty of fair representation when it refused to assist Charging Party Mary Mehrnoosh M. Eshaghian in filing a grievance against her employer, Santa Monica College. After the matter was referred to PERB’s Division of Administrative Law for a formal hearing, the Association filed a motion to dismiss the Complaint. The Administrative Law Judge granted Respondent’s motion and dismissed the Complaint, finding that the Association did not owe Charging Party a duty of fair representation in the filing of the grievance because the Association did not exclusively control the grievance process, among other reasons.

Disposition:  In a non-precedential decision, the Board affirmed the ALJ’s order and dismissed the complaint and unfair practice charge.

Perc Vol: 49
Perc Index: 36

Decision Headnotes

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