Decision 1892M – Service Employees International Union Local 790 (Chan)

SF-CO-128-M

Decision Date: March 15, 2007

Decision Type: PERB Decision

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Perc Vol: 31
Perc Index: 75

Decision Headnotes

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

Allegations regarding the union’s failure to return telephone calls regarding the request for arbitration are not sufficient evidence that the union acted in a manner that was arbitrary, discriminatory, or in bad faith, where the unfair practice charge did not allege the date(s) on which the charging party made such telephone call(s) to the union.

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

No violation of duty of fair representation by the union’s failure to seek arbitration, where the record does not establish whether the case was even eligible for arbitration, as the charging party failed to appear at the meeting to review his termination. The record also did not establish that the charging party requested the union to seek arbitration within the time limit for doing so.

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

No violation of duty of fair representation by the union’s failure to seek arbitration, where the record does not establish whether the case was even eligible for arbitration, as the charging party failed to appear at the meeting to review his termination. The record also did not establish that the charging party requested the union to seek arbitration within the time limit for doing so.