Decision 1764E – United Educators of San Francisco (Banos)

SF-CO-655-E

Decision Date: April 21, 2005

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 29
Perc Index: 124

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

Union conduct not arbitrary, discriminatory or in bad faith where two union representatives and union president meet with and/or speak with charging party several times regarding case. Union may exercise its discretion on how far to pursue a grievance so long as it does not arbitrarily ignore a meritorious grievance. Obtaining an attorney does not automatically terminate a union’s duty to fairly represent member of unit.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

Union conduct not arbitrary, discriminatory or in bad faith where two union representatives and union president meet with and/or speak with charging party several times regarding case. Union may exercise its discretion on how far to pursue a grievance so long as it does not arbitrarily ignore a meritorious grievance.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

Obtaining an attorney does not automatically terminate a union’s duty to fairly represent member of unit.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.06000 – Other

Obtaining an attorney does not automatically terminate a union’s duty to fairly represent member of unit.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.02000 – Investigation of Charge

Board agent should not rely on respondent’s position statement where it was not first served on charging party.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

Board agent should not rely on respondent’s position statement where it was not first served on charging party.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.11000 – Response to Charge

Board agent should not rely on respondent’s position statement where it was not first served on charging party.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Unfair practice charge is timely when filed within 6 months of reasonable belief that there will be no further assistance from union. Here, employee called union one day before beginning of six month period and charge is timely.