Decision 2077M – International Federation of Professional and Technical Employees, Local 21, AFL-CIO (Maxey)

SF-CO-179-M

Decision Date: November 4, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 184

Decision Headnotes

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

In order to state a prima facie violation of the duty of fair representation under the MMBA, the charging party must allege facts demonstrating that the exclusive representative’s action or inaction was without a rational basis or devoid of honest judgment. In analyzing whether an honest judgment has been made, PERB does not decide whether the union’s assessment was correct, but only whether its judgment had a rational basis and was not reached for reasons that were arbitrary or based upon invidious discrimination.

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

Generally, the duty of fair representation is not breached by mere negligence or ineptitude. Instead, absent a showing of arbitrary exercise of power, a union is to be accorded wide latitude in the representation of its members.