Decision 1666M – Service Employees International Union Local 790 (Lowery)

SF-CO-44-M

Decision Date: July 27, 2004

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 28
Perc Index: 233

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.