Decision 2665S – Professional Engineers in California Government

SF-CO-73-S

Decision Date: August 27, 2019

Decision Type: PERB Decision (Non-Precedential)

Description:  Charging Party, a former compliance officer, appealed the dismissal of his unfair practice charge alleging that his union breached its duty of fair representation during the course of representing him in a State Personnel Board (SPB) matter. The Office of the General Counsel dismissed the charge on the basis that it failed to state sufficient facts to establish a prima facie case, as matters before the SPB are extra-contractual and the union therefore had no duty of fair representation for that matter.

Disposition: The Board adopted the dismissal, as the unfair practice charge failed to state sufficient facts to establish a prima facie case within the Board’s jurisdiction.

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