Decision 1618M – International Union of Operating Engineers Local 39 (Siroky)
SA-CO-16-M
Decision Date: April 16, 2004
Decision Type: PERB Decision
Description: Charge alleged that union violated duty of fair representation by failing to enforce settlement agreement. Board found that charge demonstrated rational basis for union’s actions; charging party failed to establish otherwise.
Disposition: Board dismissed charge.
Perc Vol: 28
Perc Index: 132
Decision Headnotes
800.01000 – In General; Prima Facie Case
Charging party alleged that union violated duty of fair representation by refusing to provide further representation in a wage dispute. Union’s decision was based upon a legal opinion that further representation would be unsuccessful. Charge dismissed because charging party failed to demonstrate that union’s decision was without rational basis or devoid of honest judgment.
800.02000 – Grievance Handling/Contract Administration
Charging party alleged that union violated duty of fair representation by refusing to provide further representation in a wage dispute. Union’s decision was based upon a legal opinion that further representation would be unsuccessful. Charge dismissed because charging party failed to demonstrate that union’s decision was without rational basis or devoid of honest judgment.