Decision 0881H – International Union of Operating Engineers, Local 501 (Irvin)
Decision Date: May 22, 1991
Decision Type: PERB Decision
Perc Vol: 15
Perc Index: 22092
800.01000 – In General; Prima Facie Case
Charge dismissed for failure to state a prima facie case of breach of DFR when exclusive rep. refused to proceed to arbitration or allow third party proceed to arbitration.
800.02000 – Grievance Handling/Contract Administration
In order to state a prima facie violation of 3571.1(b) and (e) of the HEERA, charging party must show that the Association's conduct was arbitrary, discriminatory or in bad faith; p. 4, warning letter. Absent bad faith, discrimination or arbitrary conduct, mere allegations or poor judgment in handling a grievance does not constitute a breach of the union's duty; pp. 4-5, warning letter. A union may exercise its discretion to determine how far to pursue a grievance on the employee's behalf so long as it does not arbitrarily ignore a meritorious grievance or process a grievance in a perfunctory fashion. A union is not required to process an employee's grievance if the chances for success are minimal; p. 5, warning letter. No evidence presented that IUOE handled charging party's complaint or grievance in a manner which can be described as arbitrary, discriminatory or in bad faith; p. 5, warning letter. grievance in a manner which can be described as arbitrary, discriminatory or in bad faith; p. 5, warning letter. pursuing the grievance once it had been filed, there are no facts indicating that this conduct was more than negligent behavior on her part; p. 5, warning letter.