Decision 2202M – Service Employees International Union, Local 1021 (Crandell)
SF-CO-202-M
Decision Date: September 15, 2011
Decision Type: PERB Decision
Description: The charge alleged that SEIU Local 1021 breached its duty of fair representation by failing to grieve or arbitrate on charging party’s behalf camera-phone stalking activities by the employer.
Disposition: The Board upheld the dismissal of the charge for untimeliness and failure to state a prima facie violation of the duty of fair representation, concluding that charging party should have known by the union’s refusal to process the grievance that further assistance was unlikely and that the charge failed to establish that the union’s decision not to process the grievance was arbitrary, discriminatory or lacking in good faith.
Perc Vol: 36
Perc Index: 45
Decision Headnotes
800.02000 – Grievance Handling/Contract Administration
Charge failed to establish prima facie violation of duty of fair representation based upon failure to pursue grievance or take grievance to arbitration; charge failed to allege facts showing decision not to file grievance was arbitrary, discriminatory or lacking in good faith, or that it was without a rational basis and devoid of honest judgment where charging party pursued grievance without the union’s assistance.
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; charging party knew or should have known that further assistance was unlikely when union chose not to assist in the filing of the grievance.
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; charging party knew or should have known that further assistance was unlikely when union chose not to assist in the filing of the grievance.