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

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Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
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.