Decision 1984S – Service Employees International Union Local 1000 (George)

SA-CO-299-S

Decision Date: October 31, 2008

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 2

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; 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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.