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

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Perc Vol: 28
Perc Index: 159

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.