Decision 2198M – Alameda County Management Employees Association (Harper)

SF-CO-223-M

Decision Date: August 29, 2011

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 38

Decision Headnotes

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

An unrepresented employee seeking inclusion in the bargaining unit lacked standing to bring a duty of fair representation charge; the duty of fair representation extends only to bargaining unit employees.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

The charge failed to allege a breach of the duty of fair representation based on union’s agreement to assist charging party at her disciplinary proceedings and recommendation that charging party resolve grievance by taking a severance package; an extra-contractual disciplinary hearing does not give rise to a duty of fair representation charge.

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

The charge failed to allege a breach of the duty of fair representation based on union’s agreement to assist charging party at her disciplinary proceedings and recommendation that charging party resolve grievance by taking a severance package; an extra-contractual disciplinary hearing does not give rise to a duty of fair representation charge.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.06000 – Other

The charge failed to allege a breach of the duty of fair representation based on union’s agreement to assist charging party at her disciplinary proceedings and recommendation that charging party resolve grievance by taking a severance package; an extra-contractual disciplinary hearing does not give rise to a duty of fair representation charge; an unrepresented employee seeking inclusion in the bargaining unit lacked standing to bring a duty of fair representation charge; the duty of fair representation extends only to bargaining unit employees.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

An unrepresented employee seeking inclusion in the bargaining unit lacked standing to bring a duty of fair representation charge; the duty of fair representation extends only to bargaining unit employees. Individual employees lack standing to bring a unilateral change charge.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

The six-month limitations period in cases alleging a breach of the duty of fair representation begins to run on the date when the charging party, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely; where charging party was not given a timeframe by which she could expect a response from the union and instead was informed by union that historically the union was slow in processing inclusion requests, charging party had no reason to believe her inclusion request was not being processed until receipt of a letter from her employer in which she was so informed, and therefore her charge was timely.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

The six-month limitations period in cases alleging a breach of the duty of fair representation begins to run on the date when the charging party, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely; where charging party was not given a timeframe by which she could expect a response from the union and instead was informed by union that historically the union was slow in processing inclusion requests, charging party had no reason to believe her inclusion request was not being processed until receipt of a letter from her employer in which she was so informed, and therefore her charge was timely.