Decision 1675M – Service Employees International Union Local 616 (Jeffers)
SF-CO-23-M
Decision Date: August 19, 2004
Decision Type: PERB Decision
Description: Allegations against exclusive representative for breach of duty of fair representation where contract allows employee to pursue grievance arbitration without union consent.
Disposition: Duty of fair representation applies even where contract allows employee to pursue grievance arbitration without union consent.
Perc Vol: 28
Perc Index: 240
Decision Headnotes
800.01000 – In General; Prima Facie Case
Duty of fair representation applies even where contract allows employee to pursue grievance arbitration on his own without union’s consent. This is because union is the exclusive representative with a corresponding duty to enforce the terms of a contract for bargaining unit members. Such a situation differs from non-contractual based remedies where no duty of fair representation applies.
800.02000 – Grievance Handling/Contract Administration
Duty of fair representation applies even where contract allows employee to pursue grievance arbitration on his own without union’s consent. This is because union is the exclusive representative with a corresponding duty to enforce the terms of a contract for bargaining unit members. Such a situation differs from non-contractual based remedies where no duty of fair representation applies.
800.04000 – Scope of Duty; Internal Union Affairs
Duty of fair representation applies even where contract allows employee to pursue grievance arbitration on his own without union’s consent. This is because union is the exclusive representative with a corresponding duty to enforce the terms of a contract for bargaining unit members. Such a situation differs from non-contractual based remedies where no duty of fair representation applies.