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

SF-CO-655-E

Decision Date: April 21, 2005

Decision Type: PERB Decision

Description:  Alleged union breach of duty of fair representation where grievance not pursued to arbitration filed within six months of reasonable belief that there will be no further assistance from union.

Disposition:  Unfair practice charge is timely filed within six months of reasonable belief there will be no further union assistance.

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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.