Decision 2098M – Stationary Engineers Local 39

SA-CO-76-M

Decision Date: February 24, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 52

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.