Decision 1675M – Service Employees International Union Local 616 (Jeffers)

SF-CO-23-M

Decision Date: August 19, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 240

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.