Decision 2286S – American Federation of State, County, and Municipal Employees, Local 2620 (McGuire)
SF-CO-58-S
Decision Date: September 24, 2012
Decision Type: PERB Decision
Description: The charge alleged that AFSCME Local 2620 breached its duty of fair representation based upon inadequate representation at a Skelly hearing and State Personnel Board settlement conference.
Disposition: The Board upheld the dismissal of the charge for failure to state a prima facie case of breach of the duty of fair representation.
Perc Vol: 37
Perc Index: 75
Decision Headnotes
800.01000 – In General; Prima Facie Case
No breach of duty of fair representation based upon union’s voluntary representation at Skelly hearing and State Personnel Board settlement conference and handling of grievances.
800.02000 – Grievance Handling/Contract Administration
No breach of duty of fair representation based upon union’s voluntary representation at Skelly hearing and State Personnel Board settlement conference and handling of grievances.
800.05000 – Mode or Adequacy of Representation/Advocacy
No breach of duty of fair representation based upon union’s voluntary representation at Skelly hearing and State Personnel Board settlement conference and handling of grievances.
1100.05000 – Dismissal of Charge; Appeal
Appeal that merely restates facts alleged in original charge 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 is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal. No good cause to consider new factual allegations provided for the first time on appeal that all predate dismissal letter, where no reason provided why they could not have been alleged in the original charge or in an amended charge.
1107.04000 – Unalleged Violations
Appeal that merely restates facts alleged in original charge 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 is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal. No good cause to consider new factual allegations provided for the first time on appeal that all predate dismissal letter, where no reason provided why they could not have been alleged in the original charge or in an amended charge.
1109.01000 – In General
Appeal that merely restates facts alleged in original charge 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 is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal. No good cause to consider new factual allegations provided for the first time on appeal that all predate dismissal letter, where no reason provided why they could not have been alleged in the original charge or in an amended charge.