Decision 0203E – Service Employees International Union, Local 99 (Pottorff)
Decision Date: March 30, 1982
Decision Type: PERB Decision
Perc Vol: 6
Perc Index: 13079
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.
800.01000 – 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.