Decision 2247M – Service Employees International Union United Long Term Care Workers (Smith)
SF-CO-262-M
Decision Date: April 6, 2012
Decision Type: PERB Decision
Description: The charge alleged that SEIU United Long Term Care Workers breached its duty of fair representation by failing to assist the charging party in getting paid properly.
Disposition: The Board upheld the dismissal of the charge for failure to state a prima facie violation of the duty of fair representation.
Perc Vol: 36
Perc Index: 151
Decision Headnotes
800.01000 – In General; Prima Facie Case
Charge failed to demonstrate how alleged failure to pursue a grievance based upon charging party’s belief that she was improperly paid was arbitrary, discriminatory or in bad faith; union has the discretion whether or not to pursue a grievance.
800.02000 – Grievance Handling/Contract Administration
Charge failed to demonstrate how alleged failure to pursue a grievance based upon charging party’s belief that she was improperly paid was arbitrary, discriminatory or in bad faith; union has the discretion whether or not to pursue a grievance.
800.05000 – Mode or Adequacy of Representation/Advocacy
Charge failed to demonstrate how alleged failure to pursue a grievance based upon charging party’s belief that she was improperly paid was arbitrary, discriminatory or in bad faith; union has the discretion whether or not to pursue a grievance.