Decision 0341E – Service Employees International Union (Scates) (Pitts)
LA-CO-234-235
Decision Date: August 29, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14239
Decision Headnotes
800.01000 – In General; Prima Facie Case
Duty of fair representation outlined in proposed decision adopted by Board.
800.02000 – Grievance Handling/Contract Administration
Charging party did not establish failure to fairly represent in grievance arbitration, or failure to notify charging party of decision until 18 days after decision issued. No showing that the employee organization acted arbitrarily, capriciously or in bad faith. Failure to return phone calls, without more, does not amount to showing of failure to fairly represent.
800.04000 – Scope of Duty; Internal Union Affairs
Use of service fees for legal services in defending union on charge of breach of duty of fair representation is proper in absence of frivolous or bad faith defense.
801.08000 – Other
Use of service fees for legal services in defending union on charge of breach of duty of fair representation is proper in absence of frivolous or bad faith defense.
1104.02000 – Motions
Motion to disqualify union's attorney on grounds of defense of union against failure to fairly represent denied. No showing of frivolous or bad faith defense.
1104.07000 – Bias or Prejudice/Motion to Disqualify
Motion to disqualify union's attorney on grounds of defense of union against failure to fairly represent denied. No showing of frivolous or bad faith defense.