Decision 1693M – Service Employees International Union, Local 250 (Hessong)
SF-CO-25-M
Decision Date: September 17, 2004
Decision Type: PERB Decision
Description: Hessong alleged that Local 250 breached the duty of fair representation by taking over 2 years to process his grievance and Local 250’s refusal to pursue the grievance through arbitration.
Disposition: The Board found that Local 250 did not breach the duty of fair representation because Local 250 preserved the timelines while processing the grievances, did not abandon the grievances, kept Hessong apprised of the progress, and communicated to Hessong its belief that the grievance lacked merit. The Board does not judge whether the union’s position is correct, only whether it was devoid of any rational basis or whether it was reached for arbitrary reasons.
Perc Vol: 28
Perc Index: 257
Decision Headnotes
800.01000 – In General; Prima Facie Case
Although Local 250 took over two years to process, this did not preclude the grievance from potentially proceeding to arbitration since SEIU preserved the timelines. Disagreement with a union’s decision not to proceed to arbitration does not breach the duty of fair representation. The Board does not judge whether the union’s position is correct, only whether it was devoid of any rational basis or whether it was reached for arbitrary reasons. Local 250 communicated to Hessong its belief that the grievance lacked merit. While other of Hessong’s grievances were delayed, Local 250 preserved the timelines and did not abandon the grievances. It also kept Hessong apprised of their progress.
800.02000 – Grievance Handling/Contract Administration
Although Local 250 took over two years to process, this did not preclude the grievance from potentially proceeding to arbitration since SEIU preserved the timelines. Disagreement with a union’s decision not to proceed to arbitration does not breach the duty of fair representation. The Board does not judge whether the union’s position is correct, only whether it was devoid of any rational basis or whether it was reached for arbitrary reasons. Local 250 communicated to Hessong its belief that the grievance lacked merit. While other of Hessong’s grievances were delayed, Local 250 preserved the timelines and did not abandon the grievances. It also kept Hessong apprised of their progress.
800.05000 – Mode or Adequacy of Representation/Advocacy
Although Local 250 took over two years to process, this did not preclude the grievance from potentially proceeding to arbitration since SEIU preserved the timelines. Disagreement with a union’s decision not to proceed to arbitration does not breach the duty of fair representation. The Board does not judge whether the union’s position is correct, only whether it was devoid of any rational basis or whether it was reached for arbitrary reasons. Local 250 communicated to Hessong its belief that the grievance lacked merit. While other of Hessong’s grievances were delayed, Local 250 preserved the timelines and did not abandon the grievances. It also kept Hessong apprised of their progress.