Decision 2146M – International Brotherhood of Electrical Workers, Local 1245 (Gallardo)

SA-CO-83-M

Decision Date: December 7, 2010

Decision Type: PERB Decision

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Perc Vol: 35
Perc Index: 9

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; 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.

800.00000 – UNION UNFAIR PRACTICES; 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.