Decision 1513E – Service Employees International Union, Local 790 (Fanene)
SF-CO-598-E
Decision Date: March 25, 2003
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge, which alleged that union violated its duty of fair representation.
Disposition: Dismissed. No evidence that union’s decision not to represent employee at termination hearing was arbitrary, discriminatory, or in bad faith. Amended charge was not considered because it was not served on opposing party.
Perc Vol: 27
Perc Index: 44
Decision Headnotes
800.05000 – Mode or Adequacy of Representation/Advocacy
Union’s attempt to dissuade employer from terminating employee and providing representation at pre-termination hearing met its duty of fair representation. Union’s decision not to represent employee at termination hearing was not arbitrary, discriminatory, or in bad faith where union reviewed employee’s employment history and concluded that its changes for success were minimal.
1107.04000 – Unalleged Violations
Board will not consider new allegations on appeal that were not raised before the Regional Attorney where no good cause shown.
1107.20000 – Other
On appeal from dismissal, Board refused to consider charging party’s amended charge where charging party failed to serve amended charge on respondent. Board will not consider new allegations on appeal that were not raised before the Regional Attorney where no good cause shown.
800.01000 – In General; Prima Facie Case
Union’s decision not to represent employee at termination hearing was not arbitrary, discriminatory, or in bad faith where union reviewed employee’s employment history and concluded that its changes for success were minimal.
1100.04000 – Amendments
Board refused to consider charging party’s amended charge where charging party failed to serve the amended charge on respondent.
1107.06000 – De Novo Review; Standard of Review by Board
On appeal from dismissal, Board refused to consider charging party’s amended charge where charging party failed to serve amended charge on respondent. Board will not consider new allegations on appeal that were not raised before the Regional Attorney where no good cause shown.