Decision 0203E – Service Employees International Union, Local 99 (Pottorff)

LA-CO-85

Decision Date: March 30, 1982

Decision Type: PERB Decision

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Perc Vol: 6
Perc Index: 13079

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

An exclusive representative's duty of fair representation is not extinguished by the appearance of a question concerning representation (here, filing of a valid decertification petition). Rather, it is terminated only after PERB certifies results of decertification election; pp. 2-3. Withdrawal of decertification election objections by incumbent union is not a per se violation of the duty of fair representation and, it is permissible for an organization to relinquish its representation status if the evidence fails to establish that, in doing so, it acted arbitrarily, capriciously or in bad faith; p. 5.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

In determining whether exclusive representative violated EERA, the same analysis applies whether internal union activities are examined under section 3544.9 or under 3543.6(b). No violation found; p. 6.