Decision 1919M – Inlandboatmans Union of the Pacific (Treas)

SF-CO-149-M

Decision Date: August 10, 2007

Decision Type: PERB Decision

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Perc Vol: 31
Perc Index: 138

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.01000 – In General

While transit districts, with their own statutorily prescribed method of administering employer-employee relations, are not subject to the MMBA (see Rae v. Bay Area Rapid Transit Supervisory Etc. Assn. (1980) 114 Cal.App.3d 147, 251 (170 Cal.Rptr. 448)), the Golden Gate Transportation District (the employer in this case) is a "public agency" within the meaning of MMBA section 3501(c). Therefore, the Board has jurisdiction to decide this case involving the "recognized employee organization" (Inlandboatsmans Union of the Pacific) under MMBA section 3501(b).

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

Charging Party contends the Union violated its duty of fair representation by failing to secure his sick leave and lunch time pay, but fails to provide any facts regarding his contact with the union. The charge is devoid of any facts regarding when the Charging Party contacted the Union about this problem, whom he spoke with and what their response was. Without such information, it is impossible for PERB to determine if a violation has occurred.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Charging Party contends the Union violated its duty of fair representation by failing to secure his sick leave and lunch time pay, but fails to provide any facts regarding his contact with the union. The charge is devoid of any facts regarding when the Charging Party contacted the Union about this problem, whom he spoke with and what their response was. Without such information, it is impossible for PERB to determine if a violation has occurred.