Decision 2191S – Service Employees International Union, Local 1000 (Gutierrez)
SA-CO-446-S
Decision Date: July 19, 2011
Decision Type: PERB Decision
Description: The charge alleged that SEIU Local 1000 breached its duty of fair representation by sending three “uniformed” representatives to meetings regarding an adverse action, refusing to pursue an appeal of the adverse action, and proposing a settlement requiring a waiver of future legal rights against the state.
Disposition: The Board affirmed the dismissal of the charge for failure to state a prima facie violation of the duty of fair representation.
Perc Vol: 36
Perc Index: 16
Decision Headnotes
800.01000 – In General; Prima Facie Case
Charge failed to establish that union’s actions in sending three “uniformed” representatives to meetings regarding adverse action, refusing to pursue appeal of adverse action, and proposing settlement requiring waiver of future legal rights against the state abused its discretion were without a rational basis or devoid of honest judgment.
800.05000 – Mode or Adequacy of Representation/Advocacy
Charge failed to establish that union’s actions in sending three “uniformed” representatives to meetings regarding adverse action, refusing to pursue appeal of adverse action, and proposing settlement requiring waiver of future legal rights against the state abused its discretion were without a rational basis or devoid of honest judgment.
800.06000 – Other
Charge failed to establish that union’s actions in sending three “uniformed” representatives to meetings regarding adverse action, refusing to pursue appeal of adverse action, and proposing settlement requiring waiver of future legal rights against the state abused its discretion were without a rational basis or devoid of honest judgment.