Decision 1964E – United Teachers of Los Angeles (DePace)
Decision Date: June 18, 2008
Decision Type: PERB Decision
Perc Vol: 32
Perc Index: 102
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
PERB does not have jurisdiction to enforce provisions of the Education Code, but it may interpret the Education Code as necessary to carry out its duty to administer EERA.
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB may not issue a complaint on any charge that would not also constitute an unfair practice. Thus, an alleged violation of a collective bargaining agreement cannot be remedied by PERB unless it also violates EERA.
800.01000 – In General; Prima Facie Case
Absent bad faith, discrimination, or arbitrary conduct, mere negligence or poor judgment in handling a grievance does not constitute a breach of the duty of fair representation by a union. Thus, the denial of a member’s request to file a grievance, without more, does not constitute a breach of the union’s duty of fair representation to the member.