Decision 3063M – Service Employees International Union Local 1021 (Burks)
SF-CO-572-M
Decision Date: October 9, 2026
Decision Type: PERB Decision (Non-Precedential)
Description: Tiara Burks alleged that SEIU Local 1021 breached its duty of fair representation. In support of her second amended charge, Burks included a document demonstrating that Local 1021 is not her exclusive representative; rather, she is instead in a bargaining unit represented by SEIU-UHW, which is not a party in this case. Thereafter, Burks filed a third amended charge, which confirmed that she had named the wrong union in her charge and in subsequent amendments thereto. PERB’s Office of the General Counsel dismissed the charge, concluding that Burks failed to allege facts that would establish an MMBA violation. Burks appealed.
Disposition: In a non-precedential decision, the Board affirmed the dismissal for the reasons stated in the warning and dismissal letters, as well as because Burks’ pleadings indicated that Local 1021 did not owe her any duty of fair representation, as SEIU-UHW was at all relevant times her exclusive representative.
Decision Headnotes