Decision 1774M – Service Employees International Union Local 790 (Paez)

SF-CO-90-M

Decision Date: August 10, 2005

Decision Type: PERB Decision

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Perc Vol: 29
Perc Index: 150

Decision Headnotes

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

No breach of union’s Duty of Fair Representation by failing to call certain witnesses at the arbitration or failing to represent charging party at his Civil Service hearing.

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

No breach of union’s Duty of Fair Representation where union did not call certain witnesses on charging party’s behalf.

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

A union does not owe a duty of fair representation to unit members in a forum over which the union does not exclusively control the means to a particular remedy. Thus, refusing to assist charging party at the Civil Service hearing is not a violation.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.05000 – Mode or Adequacy of Representation/Advocacy

Failure to pursue a grievance in the way requested by the employee does not necessarily constitute a breach of the duty. No breach of union’s Duty of Fair Representation where union did not call certain witnesses on charging party’s behalf.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Regulation 32635(b) prevents charging party to present new allegations or supporting evidence on appeal unless good cause is shown.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

Regulation 32635(b) prevents charging party to present new allegations or supporting evidence on appeal unless good cause is shown.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

Regulation 32635(b) prevents charging party to present new allegations or supporting evidence on appeal unless good cause is shown.