Decision 1219E – Service Employees International Union, Local 99 (Wardlaw)
Decision Date: September 24, 1997
Decision Type: PERB Decision
Description: Employee appealed dismissal of his unfair practice charge against the Union for breaching its duty of fair representation under EERA.
Disposition: Dismissed. No breach of duty found as complained of activity was not arbitrary, discriminatory or in bad faith. PERB decisions do not extend union’s duty to extra-contractual forums like Skelly hearings.
Perc Vol: 21
Perc Index: 28158
800.01000 – In General; Prima Facie Case
The charging party failed to state a prima facie case of failure of the duty of fair representation and did not allege how the union's actions were in bad faith or discriminated against him, or how the union abused its discretion. (United Teachers of Los Angeles (Collins) (1982) PERB Decision No. 258.)
800.04000 – Scope of Duty; Internal Union Affairs
The duty of fair representation does not extend to extra-contractual forums such as Skelly hearings, even if the union undertakes inadequate representation in such a forum. (Los Angeles Unified School District (1994) PERB Decision No. 1061; Los Angeles City and County School Employees Union, Local 99 (Morgan) (1987) PERB Decision No. 645.)