Decision 1846S – Union of American Physicians and Dentists (Meenakshi, et al.)

SF-CO-49-S

Decision Date: May 24, 2006

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 30
Perc Index: 130

Decision Headnotes

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

The duty of fair representation does not require an exclusive representative to satisfy all members of the unit it represents. The union’s refusal to adopt a bargaining stance that could result in greater gains for a particular classification does not establish that the union breached its duty of fair representation.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.03000 – Negotiations

The failure to negotiate is impermissible only when it is founded on the duty or obligation to do so. The union’s refusal to adopt a bargaining stance that could result in greater gains for a particular classification does not establish that the union breached its duty of fair representation.

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

Union agents must refrain from purposefully keeping unit members uninformed concerning grievances or matters affecting their employment. Factual misrepresentations based on simple negligence, however, do not violate a union’s duty of fair representation.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Individual employees do not have standing to allege an exclusive representative violated its duty to meet and confer.