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Unions

July 5, 2011 | Article

PERB Confirms Rules of Grievance Handling and Union’s Duty of Fair Representation; Union Must be Fair, But Is Not Required To Be Perfect

California’s Public Employment Relations Board recently clarified the rules that apply when an employee asserts that his/her union breached the “duty of fair representation” when handling (or in...

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November 2, 2009 | Article

California PERB Draws Distinction Between Employee and Union In Grievance Context

When a public school employee pursues a grievance, the matter is controlled by the governing collective bargaining agreement, and not by the California Educational Employment Relations Act (EERA...

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October 2, 2009 | Article

Court Confirms Union's Role in Charter School Controversy

In United Teachers Los Angeles v. Los Angeles Unified School District, ___ Cal.App.4th ___, 2009 WL 2963721 (Sept. 17, 2009), the Second District Court of Appeal confirmed two important principles...

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September 30, 2009 | Article

Court Upholds Local School District's Authority to Require Special Certification for English Language Instruction & Union's Ability to Negotiate Added Stipend

On September 29, 2009, the California Court of Appeal for the Third Appellate District handed down an important decision dealing with the rights of school districts, unions and teaching staff. The...

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August 4, 2009 | FAQs

What is an Unfair Labor Practice and how does it differ from a grievance?

An unfair labor practice is defined by statute. Generally speaking, it is a claim that an employer has taken action that interferes with an employee's rights to organize; alternatively, it can...

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August 4, 2009 | FAQs

Does the union have to take my case? Or can they refuse to pursue arbitration on my behalf?

No, a union does not have to pursue every case to arbitration. Unions have a duty to fairly represent their members (called a "duty of fair representation"), but they do not have to pursue every...

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August 4, 2009 | FAQs

What is an employee grievance?

A grievance is generally defined as a claim that the employer has violated a term or condition contained in a collective bargaining agreement. Usually, grievances begin informally but if certain...

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August 4, 2009 | FAQs

What is a collective bargaining agreement?

A collective bargaining agreement is a contract between an employee organization (a union) and a public school employer (school district) that defines various rights for employees and prescribes...

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August 4, 2009 | FAQs

Is it advisable to form an administrators’ union?

Each district and each individual employee must make their own decision on whether it is appropriate for employees to join together in a labor organization. One distinct benefit is that union...

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August 4, 2009 | FAQs

I know the teachers have a union. But are school administrators also entitled to organize and form a union?

Yes, so long as the persons who desire to form an employee organization (union) are “supervisory” employees and are not “management” or “confidential” employees.

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