Decision 1857M – IBEW Local 1245 (Tacke)

SA-CO-38-M

Decision Date: September 1, 2006

Decision Type: PERB Decision

Description:  The Board affirmed the dismissal of an unfair practice charge in which the charging party alleged IBEW breached its duty of fair representation and interfered with protected employee rights when it allegedly provided insufficient information for an agency shop agreement election.

Disposition:  The charging party lacked standing because he was not a member of the class of employees allegedly harmed.  However, even if the employee had standing, he failed to prove a prima facie case of a breach of the duty of fair representation and interference with employee rights.

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Perc Vol: 31
Perc Index: 2

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.01000 – In General; Prima Facie Case.

An individual does not have standing to allege interference with protected rights if the employee is not a member of the class affected by the employer’s action.

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

Totality of the circumstances did not provide sufficient evidence that the Union selectively informed only union members of the election or otherwise interfered with unit members learning about the election or that employees were unable to reach the polling locations during voting hours.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

An individual does not have standing to allege interference with protected rights if the employee is not a member of the class affected by the employer’s action.