Decision 1537E – Public Employees Union, Local #1 (Davidson)

SF-CO-587-E

Decision Date: June 24, 2003

Decision Type: PERB Decision

Description: The Board affirmed dismissal of the charge which alleged the Union violated its duty of fair representation by failing to adequately represent charging party at a personnel commission appeal, file a grievance, and assist him in other ways regarding his termination. The Board agent found that the allegations were untimely and failed to state a prima facie case.

Disposition: Dismissal affirmed. No right to union representation at personnel commission proceeding. No other showing that union’s conduct was arbitrary, discriminatory, or undertaken in bad faith. No good cause for new evidence or allegations on appeal.

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Perc Vol: 27
Perc Index: 98

Decision Headnotes

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.01000 – In General

Board refused to consider new allegations on appeal where charging party had not shown why the allegations could not have been brought earlier.