Decision 1196E – Service Employees International Union, Local 99 (Vercher)

LA-CO-722

Decision Date: May 2, 1997

Decision Type: PERB Decision

Description: Employee appealed dismissal of his charge that union failed to fairly represent him.

Disposition: Dismissed. Employee failed to demonstrate that union violated its duty of fair representation.

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Perc Vol: 21
Perc Index: 28092

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

The duty of fair representation extends to grievance handling, but charge failed to show the association's conduct was arbitrary, discriminatory or in bad faith; p. 2, warning letter.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
804.02000 – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)

Individual employees lack standing to allege that an employee organization failed to negotiate in good faith with the employer; p. 2; p. 2, warning letter.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Individual employees lack standing to allege that an employee organization failed to negotiate in good faith with the employer; p. 2; p. 2, warning letter.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

When alleged duty of fair representation violation occurred more than six months prior to filing of charge, charge is untimely and PERB lacks jurisdiction; p. 2, warning letter.