Decision 1432E – Service Employees International Union, Local 99 (Robinson)

LA-CO-856-E

Decision Date: April 30, 2001

Decision Type: PERB Decision

Description: The Board dismissed the unfair practice charge. The charge alleged that the union breached its duty of fair representation in violation of EERA.

Disposition: Dismissed. There is no violation of the duty of fair representation where the charging party is a probationary restricted employee with no right to appeal his dismissal; furthermore, the union met on numerous occasions with the charging party, yet the charging party failed to provide information requested by the union.

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Perc Vol: 25
Perc Index: 32062

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

No prima facie case of a breach of the duty of fair representation established where union met on numerous occasions with Charging Party and Charging Party failed to provide information requested by Union to assist with defense to employer's allegations. No prima facie case of a breach of the duty of fair representation established where Charging Party is a probationary restricted employee with no right to appeal dismissal.