Decision 2261M – Service Employees International Union, Local 1021 (Sahle)

SF-CO-199-M

Decision Date: May 8, 2012

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 36
Perc Index: 175

Decision Headnotes

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

The preponderance of the evidence fails to support allegations that the union violated its duty of fair representation where it responded to its bargaining unit member’s inquiries and did not provide documents which it did not have or which did not exist.

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

The Board will not consider an unalleged violation where: (1) the respondent had insufficient notice that the unalleged violation was being litigated; (2) the conduct was not intimately related to the subject matter of the complaint; (3) the matter was not fully litigated; and (4) the parties did not have an opportunity to examine and cross examine on the relevant MOU provision.