Decision 2068E – Service Employees International Union Local 1021 (DeLarge)
Decision Date: September 29, 2009
Decision Type: PERB Decision
Description: The charge alleged the Union breached its duty of fair representation when it refused to hire outside counsel for charging party and represent her at a hearing before the personnel commission.
Disposition: The Board affirmed the dismissal because the Union did not owe a duty of fair representation in matters outside the collective bargaining agreement.
Perc Vol: 33
Perc Index: 164
800.02000 – Grievance Handling/Contract Administration
Charging party does not demonstrate that the union owed her a duty to represent her before the personnel commission.
800.05000 – Mode or Adequacy of Representation/Advocacy
The union refused to hire an attorney to represent charging party in a hearing before the personnel commission. Unions do not owe a duty of fair representation to their members to provide financial assistance for securing outside counsel.
1101.03000 – Computation of Six-Month Period
The only action alleged to have occurred within the six month statute of limitations was charging party's request to the union for assistance at her hearing before the personnel commission.