Decision 1808M – Bay Area Air Quality Management District Employees Association (Mauriello)
Decision Date: January 13, 2006
Decision Type: PERB Decision
Perc Vol: 30
Perc Index: 52
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.
800.06000 – Other
Arbitration award reinstating employee does not necessarily imply the association acted arbitrarily, discriminatorily or in bad faith in denying representation to employee.
1105.19000 – 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.