Decision 2322E – Service Employees International Union, Local 1021 (Kaboo)

SF-CO-779-E

Decision Date: August 1, 2013

Decision Type: PERB Decision (Non-Precedential)

Description: The charge alleged that the Union breached its duty of fair representation by not filing a grievance to contest Kaboo’s termination.

Disposition: The Board upheld the dismissal of the charge on the grounds that there was no contractual mechanism for the Union to invoke to challenge Kaboo’s termination, and because the duty of fair representation does not require an exclusive representative to pursue extra-contractual remedies on behalf of bargaining unit members.

Perc Vol: 38
Perc Index: 35

Decision Headnotes