Decision 2225M – Service Employees International Union Local 1021 (Joshua)

SF-CO-233-M

Decision Date: November 30, 2011

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 36
Perc Index: 92

Decision Headnotes

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

Charge failed to state prima facie violation of duty of fair representation for failure to file a grievance, where it was not clear whether charge alleged failure to file grievance under an applicable collective bargaining agreement or a complaint in another forum. Duty of fair representation attaches only when the union possesses the exclusive means by which an aggrieved employee can obtain a particular remedy. Union does not have a duty to represent an employee with respect to extra-contractual proceedings that are not within the scope of a collective bargaining agreement. In the absence of evidence that the exclusive representative’s negligence foreclosed any remedy for the grievant, “a breach of the duty of fair representation is not stated merely because an exclusive representative declines to proceed or negligently forgets to file a timely appeal of a grievance.”

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

Charge failed to state prima facie violation of duty of fair representation for failure to file a grievance, where it was not clear whether charge alleged failure to file grievance under an applicable collective bargaining agreement or a complaint in another forum. Duty of fair representation attaches only when the union possesses the exclusive means by which an aggrieved employee can obtain a particular remedy. Union does not have a duty to represent an employee with respect to extra-contractual proceedings that are not within the scope of a collective bargaining agreement. In the absence of evidence that the exclusive representative’s negligence foreclosed any remedy for the grievant, “a breach of the duty of fair representation is not stated merely because an exclusive representative declines to proceed or negligently forgets to file a timely appeal of a grievance.”

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

Charge failed to state prima facie violation of duty of fair representation for failure to file a grievance, where it was not clear whether charge alleged failure to file grievance under an applicable collective bargaining agreement or a complaint in another forum. Duty of fair representation attaches only when the union possesses the exclusive means by which an aggrieved employee can obtain a particular remedy. Union does not have a duty to represent an employee with respect to extra-contractual proceedings that are not within the scope of a collective bargaining agreement. In the absence of evidence that the exclusive representative’s negligence foreclosed any remedy for the grievant, “a breach of the duty of fair representation is not stated merely because an exclusive representative declines to proceed or negligently forgets to file a timely appeal of a grievance.”

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

No good cause to consider new factual allegations provided for the first time on appeal where no reason provided why they could not have been alleged in the original charge or in an amended charge.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

No good cause to consider new factual allegations provided for the first time on appeal where no reason provided why they could not have been alleged in the original charge or in an amended charge.

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

No good cause to consider new factual allegations provided for the first time on appeal where no reason provided why they could not have been alleged in the original charge or in an amended charge.