Decision 1677E – Service Employees International Union Local 790 (Hein)
SF-CO-642-E
Decision Date: August 20, 2004
Decision Type: PERB Decision
Description: Violation of duty of fair representation filed after charging party was questioned by a union representative in a disciplinary meeting and union did not inform employee of promotional exam nor represent employee before Civil Service Commission or in court on Americans with Disabilities action.
Disposition: No violation of duty of fair representation. Exclusive representative does not owe a duty to members in a forum over which the union does not control the means to a particular remedy. No duty to represent member in extra contractual forums such as Civil Service Commission and court action under Americans with Disabilities Act. Exclusive representative has no obligation to inform employee of a promotional exam.
Perc Vol: 28
Perc Index: 221
Decision Headnotes
800.04000 – Scope of Duty; Internal Union Affairs
No duty of exclusive representative to not question member at disciplinary action and no duty to represent member in extra contractual forums such as Civil Service Commission and court action under Americans with Disabilities Act. Exclusive representative has no obligation to inform employee of a promotional exam.
800.05000 – Mode or Adequacy of Representation/Advocacy
No duty of exclusive representative to not question member at disciplinary action and no duty to represent member in extra contractual forums such as Civil Service Commission and court action under Americans with Disabilities Act. Exclusive representative has no obligation to inform employee of a promotional exam.