Decision 1991E – Service Employees International Union, Local 99 (Arteaga)
Decision Date: December 9, 2008
Decision Type: PERB Decision
Description: Arteaga alleged that SEIU breached its duty of fair representation by not filing a grievance over his termination, improperly calculated/ deducted his agency fees, and retaliated against him for trying to decertify SEIU.
Disposition: The Board adopted the Board agent’s warning and dismissal letters without further discussion. The charge did not establish a breach of the duty of fair representation because the applicable collective bargaining agreement allowed Arteaga to file a grievance on his own behalf. PERB had no jurisdiction over the agency fee allegation because the charge did not establish that Arteaga had exhausted SEIU’s agency fee appeal procedure or that the procedure was insufficient on its face. The charge failed to establish a prima facie case of retaliation because it did not show that SEIU had knowledge of Arteaga’s attempts to decertify SEIU.
Perc Vol: 33
Perc Index: 19
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.
801.01000 – 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.
803.01000 – 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.