Decision 2215M – Service Employees International Union, Local 1021 (Warren)

SF-CO-215-M

Decision Date: November 9, 2011

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 77

Decision Headnotes

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

Charge failed to establish prima facie violation of duty of fair representation based upon a failure to file a grievance on behalf of a member; 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 union considered concerns raised by charging party and made a reasoned judgment that the concerns were not grievable.

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

Charge failed to establish prima facie violation of duty of fair representation based upon a failure to file a grievance on behalf of a member; 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 union considered concerns raised by charging party and made a reasoned judgment that the concerns were not grievable.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Appeal that merely restates facts alleged in charge but fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which the appeal is taken, or the grounds for each issue, is subject to dismissal on that basis alone; no good cause to consider new factual allegations provided for the first time on appeal that predate dismissal letter where no reason provided why they could not have been alleged in the charge; charging party is free to supplement the appeal during the 20-day timeframe for filing an appeal set forth in PERB Regulation 32635, subdivision (a); an addendum filed after the 20-day period has expired is untimely unless there is good cause to excuse the late filing under PERB Regulation 32136; no good cause to excuse a late-filed letter executed by a witness for charging party where the reason for the late filing was that the charging party and the witness had lost touch; filing the letter a month after it was executed does not demonstrate a conscientious effort to comply in a timely fashion.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.01000 – In General

Appeal that merely restates facts alleged in charge but fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which the appeal is taken, or the grounds for each issue, is subject to dismissal on that basis alone; no good cause to consider new factual allegations provided for the first time on appeal that predate dismissal letter where no reason provided why they could not have been alleged in the charge; charging party is free to supplement the appeal during the 20-day timeframe for filing an appeal set forth in PERB Regulation 32635, subdivision (a); an addendum filed after the 20-day period has expired is untimely unless there is good cause to excuse the late filing under PERB Regulation 32136; no good cause to excuse a late-filed letter executed by a witness for charging party where the reason for the late filing was that the charging party and the witness had lost touch; filing the letter a month after it was executed does not demonstrate a conscientious effort to comply in a timely fashion.