Decision 1998M – Service Employees International Union, Local 1021 (Estival)

SF-CO-169-M

Decision Date: January 14, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 29

Decision Headnotes

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

The charge lacked evidence that the union acted arbitrarily, discriminatorily or in bad faith when it failed to challenge charging party’s termination. The fact that charging party filed a complaint with the Department of Labor, which was resolved in his favor six months before his termination, did not, without more, establish that he was terminated in retaliation for protected activity.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

The charge lacked evidence that the union acted arbitrarily, discriminatorily or in bad faith when it failed to challenge charging party’s termination. The fact that charging party filed a complaint with the Department of Labor, which was resolved in his favor six months before his termination, did not, without more, establish that he was terminated in retaliation for protected activity.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.05000 – Mode or Adequacy of Representation/Advocacy

The charge lacked evidence that the union acted arbitrarily, discriminatorily or in bad faith when it failed to challenge charging party’s termination. The fact that charging party filed a complaint with the Department of Labor, which was resolved in his favor six months before his termination, did not, without more, establish that he was terminated in retaliation for protected activity.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

The union’s failure to assist charging party in the pursuit of his claims to the Department of Labor are untimely because they occurred more than a year before the charge was filed and therefore were properly dismissed.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Raising an issue for the first time on appeal is precluded by PERB Regulation 32635(b), absent a showing of good cause to include a new charge or new supporting evidence on appeal. Charging party failed to demonstrate good cause.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

Raising an issue for the first time on appeal is precluded by PERB Regulation 32635(b), absent a showing of good cause to include a new charge or new supporting evidence on appeal. Charging party failed to demonstrate good cause.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

Raising an issue for the first time on appeal is precluded by PERB Regulation 32635(b), absent a showing of good cause to include a new charge or new supporting evidence on appeal. Charging party failed to demonstrate good cause.