Decision 2168M – Service Employees International Union-United Healthcare Workers West Local 2005 (Hayes)

LA-CO-97-M

Decision Date: February 25, 2011

Decision Type: PERB Decision

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Perc Vol: 35
Perc Index: 48

Decision Headnotes

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

An exclusive representative does not breach the duty of fair representation by failing/refusing to provide an employee with a union representative of his/her choice. Accordingly, exclusive representative’s decision to assign a particular representative and prohibit charging party from speaking with other stewards about his grievances does not breach the duty of fair representation. In addition, representative’s alleged failure to respond to all of charging party’s grievance status inquiries and failure to notify charging party of representative’s separation do not amount to more than mere negligence, where charge failed to establish that such negligence completely extinguished his right to pursue his grievances against his employer.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

An exclusive representative does not breach the duty of fair representation by failing/refusing to provide an employee with a union representative of his/her choice. Accordingly, exclusive representative’s decision to assign a particular representative and prohibit charging party from speaking with other stewards about his grievances does not breach the duty of fair representation. In addition, representative’s alleged failure to respond to all of charging party’s grievance status inquiries and failure to notify charging party of representative’s separation do not amount to more than mere negligence, where charge failed to establish that such negligence completely extinguished his right to pursue his grievances against his employer.

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

An exclusive representative does not breach the duty of fair representation by failing/refusing to provide an employee with a union representative of his/her choice. Accordingly, exclusive representative’s decision to assign a particular representative and prohibit charging party from speaking with other stewards about his grievances does not breach the duty of fair representation. In addition, representative’s alleged failure to respond to all of charging party’s grievance status inquiries and failure to notify charging party of representative’s separation do not amount to more than mere negligence, where charge failed to establish that such negligence completely extinguished his right to pursue his grievances against his employer.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

While the Board agent’s duties include assisting the charging party in stating the proper form of the charge, making inquiries and reviewing the charge and any accompanying materials, the duty remains with the charging party to provide a clear and concise statement of the facts. The purpose of the Board agent’s review is to determine if the charge states sufficient facts that, if proven, would constitute an unfair practice. It is incumbent upon the charging party to provide such facts to the Board agent.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.02000 – Investigation of Charge

While the Board agent’s duties include assisting the charging party in stating the proper form of the charge, making inquiries and reviewing the charge and any accompanying materials, the duty remains with the charging party to provide a clear and concise statement of the facts. The purpose of the Board agent’s review is to determine if the charge states sufficient facts that, if proven, would constitute an unfair practice. It is incumbent upon the charging party to provide such facts to the Board agent.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

While the Board agent’s duties include assisting the charging party in stating the proper form of the charge, making inquiries and reviewing the charge and any accompanying materials, the duty remains with the charging party to provide a clear and concise statement of the facts. The purpose of the Board agent’s review is to determine if the charge states sufficient facts that, if proven, would constitute an unfair practice. It is incumbent upon the charging party to provide such facts to the Board agent.