Decision 1808M – Bay Area Air Quality Management District Employees Association (Mauriello)

SF-CO-39-M

Decision Date: January 13, 2006

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 52

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

The Association had no obligation to continue to review grievances concerning the same underlying issue, after it had previously reviewed and decided not to provide member with representation. Absent any evidence that the Association’s decisions were discriminatory, arbitrary or in bad faith, it fulfilled its obligation to explain decision for non-representation. Arbitration award reinstating employee does not necessarily imply the association acted arbitrarily, discriminatorily or in bad faith in denying representation to employee.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.06000 – Other

Arbitration award reinstating employee does not necessarily imply the association acted arbitrarily, discriminatorily or in bad faith in denying representation to employee.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.19000 – Newly Discovered Evidence

Arbitration award is new evidence presented for the first time on appeal. Pursuant to PERB Regulations 32635(b), unless “good cause” is shown, a charging party may not present new supporting evidence on appeal. Since the arbitration award was not available when charge was initially filed, it may be considered on appeal. Favorable arbitration award does not imply the Association acted in an arbitrary, discriminatory, or bad faith manner when denying representation to employee.