Decision 1116E – Service Employees International Union, Local 715 (Caviglia)
Decision Date: September 14, 1995
Decision Type: PERB Decision
Description: Union violated its duty of fair representation in handling employee’s grievance.
Disposition: Dismissed for failure to state a prima facie case.
Perc Vol: 19
Perc Index: 26133
800.02000 – Grievance Handling/Contract Administration
Lack of diligence in processing a grievance is not the appropriate test for breach of the duty of fair representation; the recommendation not to appeal the termination appears to have been based on improbability of prevailing in the appeal, an assessment on the merits of the case; pp. 2-3, dismissal letter.
1100.03000 – Standing
A charge of a refusal by the exclusive representative to bargain in good faith must be brought by the employer, and cannot be brought by an individual employee since the employee organization's duty to bargain is owed to the employer, not to the individual unit employees; pp. 2-3, warning letter.