DECISION 10031 (CCOL)

Issues: Hatstat filed a complaint alleging that the union had not intervened on his behalf when the employer denied him the opportunity to teach a class. The employer was not named as a party to the complaint. Hatstat asserted that the employer’s action were race and gender based.

The Commission does not assert jurisdiction over duty of fair representation cases arising out of the processing of grievances, nor does it have jurisdiction regarding claims of employer discrimination involving such matters as race and gender. A deficiency notice was issued, but Hatstat did not reply. The complaint was dismissed.

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By: David I. Gedrose, Unfair Labor Practice Manager
April 4, 2008

Michael J. Gawley, for the union.
Francis Hatstat, for the complainant.

Case 21553-U-08-5492

DIG