Decision 1882E – Service Employees International Union Local 99 (Jones)

LA-CO-1192-E

Decision Date: January 25, 2007

Decision Type: PERB Decision

View Full Text (PDF)

Decision Headnotes

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

The duty of fair representation imposed on an exclusive representative extends to grievance handling. In order to state a prima facie case for the breach of this duty, the charging party must demonstrate the exclusive representative’s conduct was arbitrary, discriminatory or in bad faith. In order to state a prima facie case of arbitrary conduct violating the duty of fair representation, a charging party must, at a minimum, include an assertion of sufficient facts from which it becomes apparent how or in what manner the exclusive representative’s action or inaction was without a rational basis or devoid of honest judgment. Although “mere negligence” does not typically constitute a breach of the duty of fair representation, it may support such a finding if the individual interest at stake is strong and the union’s failure to perform a ministerial act completely extinguishes the employee’s right to pursue his claim.

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

The duty of fair representation imposed on an exclusive representative extends to grievance handling. In order to state a prima facie case for the breach of this duty, the charging party must demonstrate the exclusive representative’s conduct was arbitrary, discriminatory or in bad faith. In order to state a prima facie case of arbitrary conduct violating the duty of fair representation, a charging party must, at a minimum, include an assertion of sufficient facts from which it becomes apparent how or in what manner the exclusive representative’s action or inaction was without a rational basis or devoid of honest judgment. Although “mere negligence” does not typically constitute a breach of the duty of fair representation, it may support such a finding if the individual interest at stake is strong and the union’s failure to perform a ministerial act completely extinguishes the employee’s right to pursue his claim.