Decision 2486M – Service Employees International Union, United Healthcare Workers West (Lacey)

SF-CO-355-M

Decision Date: June 30, 2016

Decision Type: PERB Decision

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Perc Vol: 41
Perc Index: 24

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.