Decision 2948M – Service Employees International Union Local 1021 (Orozco)
SF-CO-543-M
Decision Date: March 19, 2025
Decision Type: PERB Decision
Description: Charging Party Tatyana Orozco alleged that SEIU breached its duty of fair representation, primarily because SEIU declined to pursue a grievance to arbitration after Orozco’s employer, Alameda Health System, discharged her in 2012. After issuing Orozco a warning letter and affording her an opportunity to amend her charge, PERB’s Office of General Counsel (OGC) dismissed the charge. OGC found that Orozco failed to file her charge in a timely manner and did not state a prima facie case of any MMBA violation. OGC also noted that Orozco’s claims overlapped with claims she had made in unfair practice charges filed against SEIU in 2019 and 2021. PERB previously dismissed those claims in decisions that were already final before Orozco pursued this case. Orozco appealed OGC’s dismissal.
Disposition: The Board affirmed the dismissal. As a litigation sanction for filing repeated charges that relitigate issues lost in prior cases, the Board directed that in any PERB case initiated by Orozco, the respondent need not respond to Orozco’s filings unless and until PERB directs otherwise
Perc Vol: 49
Perc Index: 150
Decision Headnotes
1107.20000 – Other
As a litigation sanction directed at a charging party who filed repeated charges that relitigate issues lost in prior cases, the Board directed that in any PERB case initiated by the charging party, the respondent need not respond to the charging party’s filings unless and until PERB directs otherwise.