Decision 2182M – California Nurses Association (Rosa)

SF-CO-232-M

Decision Date: May 26, 2011

Decision Type: PERB Decision

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Perc Vol: 35
Perc Index: 86

Decision Headnotes

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

Charge failed state prima facie case of breach of the duty of fair representation. Charge failed to establish that union’s failure to file a grievance was arbitrary, discriminatory or in bad faith, or that its conduct extinguished employee’s right to pursue any claim against the employer, or that union’s actions were “without a rational basis or devoid of honest judgment.

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

Charge failed state prima facie case of breach of the duty of fair representation, where charge failed to allege facts clearly showing that issues raised by employee concerning alleged workplace hostility and harassment were covered by a collective bargaining agreement and subject to grievance process. Even if they were, charge failed to establish that union failure to file a grievance was arbitrary, discriminatory or in bad faith, or that its conduct extinguished employee’s right to pursue any claim against the employer, or that union’s actions were “without a rational basis or devoid of honest judgment.” Although union concluded employee did not have a meritorious charge, it did pursue some sort of action based upon her complaints and advised her to pursue other remedies. Employee’s voluntary resignation to accept another position was the event, if any, that extinguished her rights.