Decision 2169M – Service Employees International Union, Local 1021 (Crandell)

SF-CO-204-M

Decision Date: February 25, 2011

Decision Type: PERB Decision

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Perc Vol: 35
Perc Index: 50

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1100.00000 – CASE PROCESSING PROCEDURES; 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.