Decision 1382S – International Union of Operating Engineers, Local 501, AFL-CIO (Huff)
Decision Date: May 2, 2000
Decision Type: PERB Decision
Description: Employee appealed ALJ’s proposed decision which dismissed allegations that Union denied employee’s requests for representation.
Disposition: Affirmed. Allegations fell outside of union’s duty of fair representation under the Dills Act.
Perc Vol: 24
Perc Index: 31087
800.04000 – Scope of Duty; Internal Union Affairs
Allegations regarding union's failure to represent Charging Party at investigatory interviews. The investigative forum was apparently unconnected with any aspect of negotiation or administration of a collective bargaining agreement, and the exclusive representative did not exclusively control the means to the particular remedy. The allegations thus fell outside of IUOE's duty of fair representation under the Dills Act. Allegation regarding claims of wrongful dismissal, retaliation, and involuntary resignation on another part time job were either issues for another, extracontractual forum, or were unconnected with any aspect of negotiation or administration of a collective bargaining agreement, and also fell outside of IUOE's duty of fair representation.