Decision 1636M – Service Employees International Union, Local 790, AFL-CIO (Banks, et al.)
SF-CO-30-M
Decision Date: June 4, 2004
Decision Type: PERB Decision
Description: Charge alleged that union violated duty of fair representation by failing to adequately prosecute an unfair practice charge before PERB. Board found that charge failed to establish a prima facie case.
Disposition: Board dismissed charge.
Perc Vol: 28
Perc Index: 159
Decision Headnotes
800.01000 – In General; Prima Facie Case
Charging parties alleged that duty of fair representation was violated when union failed to submit certain evidence in a PERB unfair practice proceeding. Even if duty of fair representation existed, Board held that such an allegation fails to demonstrate that union acted without a rational basis or that its actions were devoid of honest judgment.
800.04000 – Scope of Duty; Internal Union Affairs
Charging parties alleged that duty of fair representation was violated when union failed to submit certain evidence in a PERB unfair practice proceeding. Even if duty of fair representation existed, Board held that such an allegation fails to demonstrate that union acted without a rational basis or that its actions were devoid of honest judgment.
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
In DFR case, burden is on charging party to show how the exclusive representative abused its discretion.