Decision 1845E – Teamsters Local 228 (Cardoso)

SF-CO-666-E

Decision Date: May 19, 2006

Decision Type: PERB Decision

Description:  Cardoso alleged that the Teamsters Local 228 violated its duty of fair representation when it failed to assist him in filing an unfair practice charge with PERB in a prior case.

Disposition:  The Board dismissed the unfair practice charge for failing to state a prima facie case holding that an employee organization is not obligated under the duty of fair representation to assist an employee in filing or appealing an unfair practice charge before PERB.

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Perc Vol: 30
Perc Index: 129

Decision Headnotes

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

Employee organization is not obligated under the duty of fair representation to assist an employee in filing or appealing an unfair practice charge before PERB.