Decision 1219E – Service Employees International Union, Local 99 (Wardlaw)

LA-CO-738

Decision Date: September 24, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28158

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.)

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.)