Decision 1956M – Service Employees International Union Local 1292 (Marriott, et al.)

To state a prima facie case alleging that the consolidation of local unions violates the duty of fair representation, the employee must allege facts showing that the consolidation had a substantial impact on the employee’s relationship with her employer.

Under the MMBA, a local union member employee may only challenge the parent union's failure to afford its members the opportunity to vote for or against a consolidation of local unions if the employee can demonstrate that such consolidation had a substantial impact on the employer-employee relationship. In this case, the employee has not alleged facts showing that her relationship with her employer was substantially affected by either SEIU's merger of her local union with other locals or SEIU's alleged failure to allow the employee’s bargaining unit to vote on the merger.

Amended charge filed after time prescribed by Board agent but prior to issuance of dismissal was still timely pursuant to PERB Regulation 32621.

Amended charge filed after time prescribed by Board agent but prior to issuance of dismissal was still timely pursuant to PERB Regulation 32621.