Decision 1116E – Service Employees International Union, Local 715 (Caviglia)

SF-CO-490

Decision Date: September 14, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26133

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.