Decision 2304E – California School Employees Association and its Chapter 500 (Williams)

LA-CO-1503-E

Decision Date: December 28, 2012

Decision Type: PERB Decision

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Decision Headnotes

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

Allegations that union failed to look into or pursue grievances, delayed in pursuing grievances and failed to communicate with charging party did not state prima facie violation of duty of fair representation, where charging party did not provide facts demonstrating union’s conduct was arbitrary, discriminatory or in bad faith. Each allegedly wrongful action or inaction involved an exercise of union’s discretion to determine whether or not to pursue grievances and none of the alleged wrongs consisted of union failing to perform a ministerial act that completely extinguished charging party’s rights.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.05000 – Mode or Adequacy of Representation/Advocacy

Allegations that union failed to look into or pursue grievances, delayed in pursuing grievances and failed to communicate with charging party did not state prima facie violation of duty of fair representation, where charging party did not provide facts demonstrating union’s conduct was arbitrary, discriminatory or in bad faith. Each allegedly wrongful action or inaction involved an exercise of union’s discretion to determine whether or not to pursue grievances and none of the alleged wrongs consisted of union failing to perform a ministerial act that completely extinguished charging party’s rights.