Decision 1899E – Service Employees International Union Local 99 (Gutierrez)

LA-CO-1265-ELA-CO-1272-E

Decision Date: April 16, 2007

Decision Type: PERB Decision

Description:  Two separate charges were consolidated in which an employee alleged that her union failed to meet its duty of fair representation and failed to meet and negotiate in good faith.

Disposition:  Dismissal upheld as the allegations either failed to provide a clear and concise statement of the facts or were untimely.

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Perc Vol: 31
Perc Index: 90

Decision Headnotes

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

Employee’s charge that her union failed to meet its duty of fair representation is denied as untimely. An employee’s allegations that her union does not attend to grievances and fails to retain strong representatives are legal conclusions and fail to meet the charging party’s obligation under PERB Regulation 32615(a)(5) to provide a clear and concise statement of the facts.

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

An employee’s allegations that her union does not attend to grievances and fails to retain strong representatives are legal conclusions and fail to meet the charging party’s obligation under PERB Regulation 32615(a)(5) to provide a clear and concise statement of the facts.

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

An employee’s allegations that her union does not attend to grievances and fails to retain strong representatives are legal conclusions and fail to meet the charging party’s obligation under PERB Regulation 32615(a)(5) to provide a clear and concise statement of the facts.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
804.01000 – In General

The employee organization is obligated to meet and confer with the public school employer in good faith. However, individual employees lack standing to allege that an employee organization has failed to bargain in good faith.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
804.02000 – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)

The employee organization is obligated to meet and confer with the public school employer in good faith. However, individual employees lack standing to allege that an employee organization has failed to bargain in good faith.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

The employee organization is obligated to meet and confer with the public school employer in good faith. However, individual employees lack standing to allege that an employee organization has failed to bargain in good faith.