Decision 1618M – International Union of Operating Engineers Local 39 (Siroky)

SA-CO-16-M

Decision Date: April 16, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 132

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.