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.
Perc Vol: 29
Perc Index: 124
Decision Headnotes
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.
800.02000 – 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.
800.04000 – Scope of Duty; Internal Union Affairs
Obtaining an attorney does not automatically terminate a union’s duty to fairly represent member of unit.
800.06000 – Other
Obtaining an attorney does not automatically terminate a union’s duty to fairly represent member of unit.
1100.02000 – Investigation of Charge
Board agent should not rely on respondent’s position statement where it was not first served on charging party.
1100.08000 – Pleading Requirements
Board agent should not rely on respondent’s position statement where it was not first served on charging party.
1100.11000 – Response to Charge
Board agent should not rely on respondent’s position statement where it was not first served on charging party.
1101.01000 – 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.