Decision 2060S – Service Employees International Union Local 1000 (Duinugala)

LA-CO-127-S

Decision Date: September 8, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 150

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; 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.