Decision 3058M – Service Employees International Union Local 521 (Martinez)
SA-CO-185-M
Decision Date: September 18, 2026
Decision Type: PERB Decision (Non-Precedential)
Description: Charging Party Cynthia Martinez alleged that Respondent Service Employees International Union Local 521 (SEIU) violated the Meyers-Milias-Brown Act (MMBA; Gov. Code, § 3500 et seq.) by breaching its duty of fair representation. PERB’s Office of the General Counsel (OGC) determined that certain allegations in the charge were outside the statute of limitations and that the remaining allegations did not state a prima facie case that SEIU had breached the duty of fair representation. After reviewing Martinez’s charge, OGC sent Charging Party a warning letter. The letter provided Charging Party an opportunity to file an amended charge and thereby cure the deficiencies described in the letter. Although Martinez thereafter filed a first amended charge adding new allegations, OGC found that it still did not state a prima facie case of any unfair practice. Martinez appealed.
Disposition: In a non-precedential decision, the Board affirmed the dismissal without leave to amend.
Decision Headnotes