Decision 2098M – Stationary Engineers Local 39
SA-CO-76-M
Decision Date: February 24, 2010
Decision Type: PERB Decision
Description: Charging party alleged the union breached its duty of fair representation when it failed to provide information regarding bargaining proposals, internal union grievances and election procedures, and negotiate for furloughs over layoffs.
Disposition: The Board affirmed the dismissal of the charge finding the union’s internal affairs did not have a substantial impact on employee-employer relations.
Perc Vol: 34
Perc Index: 52
Decision Headnotes
800.03000 – Negotiations
The charge does not establish that the union’s failure to inform charging party of its bargaining decision, provide union election and grievance procedures to its members, or call a meeting of the union’s general membership, has a substantial impact on the employee-employer relationship. Charging party and other employees had the opportunity to share their views with the union regarding bargaining proposals. While the union did not agree with some of the employees’ views, no facts establish that the union’s bargaining position was arbitrary, without a rational basis or devoid of honest judgment.
800.04000 – Scope of Duty; Internal Union Affairs
The charge does not establish that the union’s failure to inform charging party of its bargaining decision, provide union election and grievance procedures to its members, or call a meeting of the union’s general membership, has a substantial impact on the employee-employer relationship. Internal union grievances, elections and membership meetings concern the internal operation of the union. There no facts that demonstrate how the union’s failure to communicate this information to its members has a substantial impact on the employee-employer relationship.