Decision 1666M – Service Employees International Union Local 790 (Lowery)
SF-CO-44-M
Decision Date: July 27, 2004
Decision Type: PERB Decision
Description: Employee alleged union breach of duty of fair representation where union declined to represent him at termination hearing on grounds likelihood of success was minimal.
Disposition: Board dismissed charge alleging breach of duty of fair representation where employee whose license was suspended was terminated by employer for failure to posses valid license and union declined to represent at termination hearing believing likelihood of employee prevailing minimal as union decision was not arbitrary or devoid of honest judgment.
Perc Vol: 28
Perc Index: 233
Decision Headnotes
800.01000 – In General; Prima Facie Case
Employee, whose license was suspended as a result of a DUI conviction, was terminated by employer for failure to possess a valid license. Union decline to represent employee at termination hearing on the grounds that the likelihood of success was minimal. Board dismissed charge alleging breach of the duty of fair representation as union’s decision was not arbitrary or devoid of honest judgment.
800.02000 – Grievance Handling/Contract Administration
Employee, whose license was suspended as a result of a DUI conviction, was terminated by employer for failure to possess a valid license. Union decline to represent employee at termination hearing on the grounds that the likelihood of success was minimal. Board dismissed charge alleging breach of the duty of fair representation as union’s decision was not arbitrary or devoid of honest judgment.
800.04000 – Scope of Duty; Internal Union Affairs
Failure to represent employee at an unemployment hearing is not within scope of DFR because it is a non-contractual administrative proceeding.