Decision 2828P – Service Employees International Union Local 1021 (Jayasuriya)
Decision Date: August 3, 2022
Decision Type: PERB Decision (Non-Precedential)
Description: Sumudu Darshana Jayasuriya (Charging Party) appealed the dismissal of his amended unfair practice charge alleging that SEIU Local 1021 breached its duty of fair representation by a variety of conduct, including: not pursing his grievances over his employer’s decision to deny him a promotion; failing to update him about the status of grievances; settling a grievance rather than pursing it to arbitration; not sharing the results of grievances with unit members; not placing one of his grievances on a fast-track toward resolution; negotiating changes to the sick leave policy without affording unit members the chance to vote; failing to distribute proceeds of a backpay award to unit members; only supporting the claims of unit members who were close to the union’s leadership; and allowing a recalled union officer to continue conducting union business. The Office of the General Counsel dismissed the charge on the grounds that it failed to state a prima facie case. Charging Party appealed.
Disposition: The Board affirmed OGC’s decision dismissing Charging Party’s unfair practice charge. The amended unfair practice charge was dismissed without leave to amend.
Perc Vol: 47
Perc Index: 36