Decision 1632M – Service Employees International Union #790 (Adza)
SF-CO-29-M
Decision Date: May 19, 2004
Decision Type: PERB Decision
Description: Charge alleged that union violated duty of fair representation by failing to arbitrate grievance. 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: 154
Decision Headnotes
800.05000 – Mode or Adequacy of Representation/Advocacy
Charging party alleged that union violated duty of fair representation by assigning a representative who had a conflict of interest. Board dismissed charge where facts demonstrate that union acknowledged conflict, promptly assigned new representative, and charging party failed to demonstrate any harm. Charging party alleged that union violated duty of fair representation by failing to communicate with him for three months. Board dismissed charge where facts demonstrate that grievance was in abeyance during those three months pending selection of arbitrator and charging party failed to demonstrate any harm.
1100.02000 – Investigation of Charge
Nothing in PERB case law requires a Board agent to ignore facts provided by the Respondent and consider only the facts provided by the Charging Party.