Decision 2060S – Service Employees International Union Local 1000 (Duinugala)
Decision Date: September 8, 2009
Decision Type: PERB Decision
Description: Charging party alleged that SEIU Local 1000 violated the Ralph C. Dills Act by breaching its duty of fair representation by delaying the processing of charging party’s grievance and denying the charging party’s request for arbitration.
Disposition: The Board upheld the dismissal of the charge for failure to state a prima facie case, finding that the charge failed to establish that the union’s delay in processing and ultimate denial of the employee’s request for arbitration was arbitrary, discriminatory or in bad faith.
Perc Vol: 33
Perc Index: 150
800.01000 – In General; Prima Facie Case
Charge failed to establish that the delay in processing an employee’s request for arbitration of his grievance or the union’s ultimate decision not to proceed with arbitration of the grievance violated the union’s duty of fair representation.
800.02000 – Grievance Handling/Contract Administration
Delay by union in processing employee’s request for arbitration did not constitute breach of the duty of fair representation, where there was no indication that the delay was caused by anything other than mere negligence. Accordingly, the charge failed to state a prima facie violation of the duty of fair representation based upon the delay in processing the grievance. Union did not breach duty of fair representation when it decided to reject employee’s request for arbitration, where union informed employee of a rational basis for its decision based upon its determination that it was unlikely to prevail at arbitration. Three year delay in making decision did not breach duty of fair representation in itself, absent additional evidence the union’s conduct was arbitrary, discriminatory or in bad faith.