Decision 1991E – Service Employees International Union, Local 99 (Arteaga)

LA-CO-1342-E

Decision Date: December 9, 2008

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 19

Decision Headnotes

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

Charge failed to allege prima facie case of breach of duty of fair representation because union’s negligent act of failing to file a grievance over charging party’s termination did not extinguish charging party’s right under collective bargaining agreement to file a grievance on his own behalf.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.01000 – In General

Charge failed to allege prima facie case of retaliation because it did not establish that union knew charging party engaged in protected activity of attempting to decertify the union.

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.01000 – In General

Allegation that union improperly calculated and deducted charging party’s agency fees dismissed because charge failed to allege, as required by PERB Regulation 32994(a), that charging party had exhausted union’s agency fee appeal procedure or that the procedure was insufficient on its face.