Decision 2169M – Service Employees International Union, Local 1021 (Crandell)
SF-CO-204-M
Decision Date: February 25, 2011
Decision Type: PERB Decision
Description: The charge alleged that SEIU breached its duty of fair representation by failing to grieve Crandell’s termination or represent him before the civil service commission.
Disposition: The Board affirmed the Board agent’s dismissal of the charge. The Board found that the allegation that SEIU failed to grieve Crandell’s termination was untimely and that SEIU had no duty to represent him before the civil service commission.
Perc Vol: 35
Perc Index: 50
Decision Headnotes
800.01000 – In General; Prima Facie Case
Charge failed to establish a prima facie case of a breach of the duty of fair representation because it did not allege facts showing that the union ignored the charging party’s grievance or that it had a duty to represent him before the civil service commission.
1100.04000 – Amendments
Charging party filed his amended charge after the due date stated in the warning letter because he did not retrieve the warning letter from his post office box until the due date. Had charging party checked his post office box sooner, he could have requested an extension of time to file an amended charge. The Board found no good cause to excuse the late-filed amended charge.
1100.12000 – Extensions of Time
Charging party filed his amended charge after the due date stated in the warning letter because he did not retrieve the warning letter from his post office box until the due date. Had charging party checked his post office box sooner, he could have requested an extension of time to file an amended charge. The Board found no good cause to excuse the late-filed amended charge.