Decision 1513E – Service Employees International Union, Local 790 (Fanene)

SF-CO-598-E

Decision Date: March 25, 2003

Decision Type: PERB Decision

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Perc Vol: 27
Perc Index: 44

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.04000 – Amendments

Board refused to consider charging party’s amended charge where charging party failed to serve the amended charge on respondent.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.