Decision 3040M – American Federation of State, County & Municipal Employees Local 2076 (Whelan)
LA-CO-307-M
Decision Date: July 15, 2026
Decision Type: PERB Decision (Non-Precedential)
Description: Charging Party Susan Whelan alleged that Respondent American Federation of State, County & Municipal Employees, Local 2076 (AFSCME) violated the Meyers-Milias-Brown Act (MMBA) by breaching its duty of fair representation. Whelan asserted that AFSCME refused to assist her with long-term and short-term disability benefits, workers’ compensation benefits, and the County’s classification of Whelan’s separation from employment. PERB’s Office of the General Counsel (OGC) reviewed Whelan’s charge and five subsequent amendments and issued a warning letter explaining the facts alleged, if proven, would not establish that AFSCME had breached its duty of fair representation or otherwise violated the MMBA and that certain allegations were untimely. OGC also admonished Whelan for including citations to six nonexistent PERB decisions and multiple misstatements of law in her Fifth Amended Charge. OGC gave Whelan an opportunity to amend her charge to cure its deficiencies. Whelan filed an amended charge, and OGC concluded Whelan had not cured the deficiencies explained in the warning letter. OGC dismissed the charge and Whelan appealed.
Disposition: In a non-precedential decision, the Board affirmed OGC’s dismissal without leave to amend.
Decision Headnotes