Decision 1998M – Service Employees International Union, Local 1021 (Estival)
SF-CO-169-M
Decision Date: January 14, 2009
Decision Type: PERB Decision
Description: Charging Party alleged that the Service Employees International Union, Local 1021 violated the MMBA by breaching its duty of fair representation when it failed to file a grievance or challenge Charging Party’s release from employment.
Disposition: The Board upheld the Board agent’s dismissal because Charging Party failed to demonstrate a prima facie case.
Perc Vol: 33
Perc Index: 29
Decision Headnotes
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.
800.02000 – 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.
800.05000 – 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.
1101.01000 – 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.
1107.01000 – 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.
1107.04000 – 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.
1107.20000 – 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.