Decision 1984S – Service Employees International Union Local 1000 (George)
Decision Date: October 31, 2008
Decision Type: PERB Decision
Description: The Board affirmed the dismissal of an unfair practice charge that alleged the Union breached its duty of fair representation by failing to attend a meeting between Charging Party and her supervisor; failing or refusing to file a grievance regarding Charging Party’s vacation request; and by failing to adequately represent Charging Party in a matter before the SPB.
Disposition: The Board held that certain allegations were untimely filed. The remainder of the allegations failed to demonstrate that the Union breached its duty of fair representation.
Perc Vol: 33
Perc Index: 2
800.01000 – In General; Prima Facie Case
Allegations that a union breached its duty of fair representation by asserting that union representatives were dishonest, their statements lacked a rational basis, and their conduct constitutes more than mere negligence, are legal conclusions that do not demonstrate a prima facie case.
800.02000 – Grievance Handling/Contract Administration
A union does not breach its duty of fair representation by refusing to file a grievance where the union explained that the grievance lacked merit.
800.04000 – Scope of Duty; Internal Union Affairs
A union does not owe a duty of fair representation in a forum over which it does not exclusively control the means to a particular remedy. Therefore, objections to a draft settlement agreement for a matter pending before the SPB and allegations that the union failed to adequately represent charging party before the SPB do not demonstrate a breach of the duty of fair representation.
800.05000 – Mode or Adequacy of Representation/Advocacy
The charging party did not demonstrate that the meeting with her supervisor was an investigatory meeting from which any duty would attach to the union to require a representative to attend.
1100.01000 – In General/Prima Facie Case
Where a charging party fails to allege that any specific section of the Dills Act has been violated, the Board agent, upon a review of the charge, may determine under what section the charge should be analyzed.
1101.01000 – In General
Charging party has the burden of alleging facts to demonstrate charge is timely filed. Many of the allegations in the charge were filed outside the six month statute of limitations.