Decision 2275E – Service Employees International Union Local 1021 (Harris)

SF-CO-761-E

Decision Date: June 26, 2012

Decision Type: PERB Decision

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Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

There is no duty of fair representation owed to a unit member unless the exclusive representative possesses the exclusive means by which the employee can obtain a particular remedy; where charge alleged that charging party was unable to return to work during a stress leave, the employer was unwilling to accommodate his restrictions and that, as a result, he was placed on the employer’s rehire list instead of being granted a leave of absence, the charge failed to allege that the union possessed the exclusive means by which charging party could obtain a particular remedy or that the union’s conduct was arbitrary, discriminatory or lacking in good faith.

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

Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal reiterates allegations in the charge concerning charging party’s dispute with his employer and his dissatisfaction with the union relative to that dispute but failed 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 was taken, the page or part of the dismissal to which the appeal was taken, or the ground for each issue stated, the appeal was subject to dismissal.

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

Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal reiterates allegations in the charge concerning charging party’s dispute with his employer and his dissatisfaction with the union relative to that dispute but failed 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 was taken, the page or part of the dismissal to which the appeal was taken, or the ground for each issue stated, the appeal was subject to dismissal.