Decision 2146M – International Brotherhood of Electrical Workers, Local 1245 (Gallardo)
SA-CO-83-M
Decision Date: December 7, 2010
Decision Type: PERB Decision
Description: Charging party alleged that the Union violated the duty of fair representation by refusing to pursue his grievance, and refusing to provide a written statement regarding a grievance meeting between charging party, his supervisor, and the Union job steward.
Disposition: The Board dismissed the charge, finding that the charging party failed to demonstrate that the Union’s actions were arbitrary, discriminatory or in bad faith.
Perc Vol: 35
Perc Index: 9
Decision Headnotes
800.01000 – In General; Prima Facie Case
The union has the discretion whether or not to pursue a grievance. Refusal to pursue a grievance the union believes is unmeritorious is not a violation, as long as the refusal is not arbitrary, discriminatory, or in bad faith. It is the charging party’s burden to allege facts which demonstrate that the refusal was arbitrary, discriminatory, or in bad faith. Where charging party failed to do so the charge failed to establish a prima facie case for breach of the duty of fair representation.
800.02000 – Grievance Handling/Contract Administration
The union has the discretion whether or not to pursue a grievance. Refusal to pursue a grievance the union believes is unmeritorious is not a violation, as long as the refusal is not arbitrary, discriminatory, or in bad faith. It is the charging party’s burden to allege facts which demonstrate that the refusal was arbitrary, discriminatory, or in bad faith. Where charging party failed to do so the charge failed to establish a prima facie case for breach of the duty of fair representation. PERB does not have jurisdiction over the internal affairs of an employee organization unless there is evidence of a substantial impact on employer-employee relations. Charging party failed to provide evidence that the union’s refusal to provide a written statement of a grievance meeting had a substantial impact on his relationship with his employer and therefore failed to state a prima facie violation of the duty of fair representation.
800.04000 – Scope of Duty; Internal Union Affairs
PERB does not have jurisdiction over the internal affairs of an employee organization unless there is evidence of a substantial impact on employer-employee relations. Charging party failed to provide evidence that the union’s refusal to provide a written statement of a grievance meeting had a substantial impact on his relationship with his employer and therefore failed to state a prima facie violation of the duty of fair representation.