Decision 2204M – Service Employees International Union, Local 1021 (Horan)
SF-CO-219-M
Decision Date: September 23, 2011
Decision Type: PERB Decision
Description: The charge alleged that SEIU Local 1021 breached its duty of fair representation by failing to represent charging party at an arbitration hearing that arose out of disciplinary proceedings.
Disposition: The Board issued a decision dismissing the charge for failure to state a prima facie violation of the duty of fair representation, concluding that the duty of fair representation did not extend to extra-contractual remedies outside the union’s exclusive control and that charging party failed to establish the manner in which the union’s action or inaction was without a rational basis or devoid of honest judgment.
Perc Vol: 36
Perc Index: 50
Decision Headnotes
800.01000 – In General; Prima Facie Case
Where substance of allegation was that union “failed to represent me at an arbitration hearing,” charging party failed to state sufficient facts, which if proven, would constitute a prima facie violation of the duty of fair representation, thereby warranting dismissal of the charge.
800.04000 – Scope of Duty; Internal Union Affairs
The duty of fair representation extends only to contractual remedies under the union’s exclusive control; the duty of fair representation does not attach to Skelly hearings because they are extra-contractual proceedings where the union does not possess exclusive control over the means to a particular remedy; where charge alleged that the arbitration followed from a “predecessor Skelly hearing” and did not allege that the union’s representation arose out of an obligation found in the collective bargaining agreement, the charge failed to state sufficient facts, which if proven, would demonstrate that the union owed charging party a duty of fair representation.
800.06000 – Other
In Lane v. I.O.U.E. Stationary Engineers (1989) 212 Cal.App.3d 164, 169-171 (Lane), the court held that even though a duty of fair representation does not extend to extra-contractual proceedings, a duty “akin” to the duty of fair representation may arise where the union chooses to provide representation; PERB has not adopted this theory as the basis for an unfair practice charge; rather, PERB views Lane as implicating a cause of action that may be prosecuted in state court, but is outside PERB’s jurisdiction.
1100.01000 – In General/Prima Facie Case
Where substance of allegation was that union “failed to represent me at an arbitration hearing,” charging party failed to state sufficient facts, which if proven, would constitute a prima facie violation of the duty of fair representation, thereby warranting dismissal of the charge.
1100.08000 – Pleading Requirements
Where substance of allegation was that union “failed to represent me at an arbitration hearing,” charging party failed to state sufficient facts, which if proven, would constitute a prima facie violation of the duty of fair representation, thereby warranting dismissal of the charge.
1101.01000 – In General
In cases alleging a breach of the duty of fair representation, the six-month limitations period 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 the only conduct complained of in the charge was union’s failure to represent charging party at a scheduled arbitration, and charge was filed within six months of arbitration, charge was timely filed.
1101.03000 – Computation of Six-Month Period
In cases alleging a breach of the duty of fair representation, the six-month limitations period 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 the only conduct complained of in the charge was union’s failure to represent charging party at a scheduled arbitration, and charge was filed within six months of arbitration, charge was timely filed.
1107.20000 – Other
Unless good cause is shown, charging party may not present on appeal new charge allegations or new supporting evidence; where new allegations refer to events that predate the dismissal of the charge, and no good cause shown for charging party’s failure to provide these allegations to Board agent at the charge processing stage, Board declined to consider them on appeal.