Decision 2486M – Service Employees International Union, United Healthcare Workers West (Lacey)
SF-CO-355-M
Decision Date: June 30, 2016
Decision Type: PERB Decision
Description: A former public employee filed exceptions to a proposed decision which dismissed the complaint and her unfair practice charge which alleged that an exclusive representative had violated its duty of fair representation under the MMBA and PERB regulations by not timely filing and, once filed, not pursuing a grievance challenging the charging party’s termination from employment.
Disposition: The Board adopted the dismissal because the charging party had presented no evidence to show that the exclusive representative’s interpretation of contract provisions governing probationary release was arbitrary, discriminatory or advanced in bad faith. Even if the representative’s interpretation had been incorrect, charging party did not show that any reasonable alternative interpretation of the collective bargaining agreement would alter the representative’s honest judgment that a grievance stood little to no chance of success.
Perc Vol: 41
Perc Index: 24
Decision Headnotes
800.01000 – In General; Prima Facie Case
Board affirmed and adopted dismissal of charge and complaint alleging exclusive representative had violated its duty of fair representation by not timely filing and, once filed, not pursuing, a grievance challenging employee’s release during probationary period for alleged misconduct. Charging party presented no evidence to show that exclusive representative’s interpretation of contract provisions governing probationary release was arbitrary, discriminatory or advanced in bad faith. Even if representative’s interpretation had been incorrect, charging party did not show that any reasonable alternative interpretation of the collective bargaining agreement would call into question representative’s interpretation that a grievance challenging charging party’s termination stood little to no chance of success.
800.02000 – Grievance Handling/Contract Administration
Board affirmed and adopted dismissal of charge and complaint alleging exclusive representative had violated its duty of fair representation by not timely filing and, once filed, not pursuing, a grievance challenging employee’s release during probationary period for alleged misconduct. Charging party presented no evidence to show that exclusive representative’s interpretation of contract provisions governing probationary release was arbitrary, discriminatory or advanced in bad faith. Even if representative’s interpretation had been incorrect, charging party did not show that any reasonable alternative interpretation of the collective bargaining agreement would call into question representative’s interpretation that a grievance challenging charging party’s termination stood little to no chance of success.
800.05000 – Mode or Adequacy of Representation/Advocacy
Board affirmed and adopted dismissal of charge and complaint alleging exclusive representative had violated its duty of fair representation by not timely filing and, once filed, not pursuing, a grievance challenging employee’s release during probationary period for alleged misconduct. Charging party presented no evidence to show that exclusive representative’s interpretation of contract provisions governing probationary release was arbitrary, discriminatory or advanced in bad faith. Even if representative’s interpretation had been incorrect, charging party did not show that any reasonable alternative interpretation of the collective bargaining agreement would call into question representative’s interpretation that a grievance challenging charging party’s termination stood little to no chance of success.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Exceptions asserting factual errors in a proposed decision must state how the error affected the outcome. Where, even assuming the facts were as alleged by party filing exceptions, it would not alter the result, Board will deny the exception.
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
Exceptions asserting factual errors in a proposed decision must state how the error affected the outcome. Where ,even assuming the facts were as alleged by party filing exceptions, it would not alter the result, Board will deny the exception.