Decision 1632M – Service Employees International Union #790 (Adza)

SF-CO-29-M

Decision Date: May 19, 2004

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 28
Perc Index: 154

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.05000 – Mode or Adequacy of Representation/Advocacy

Charging party alleged that union violated duty of fair representation by assigning a representative who had a conflict of interest. Board dismissed charge where facts demonstrate that union acknowledged conflict, promptly assigned new representative, and charging party failed to demonstrate any harm. Charging party alleged that union violated duty of fair representation by failing to communicate with him for three months. Board dismissed charge where facts demonstrate that grievance was in abeyance during those three months pending selection of arbitrator and charging party failed to demonstrate any harm.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.02000 – Investigation of Charge

Nothing in PERB case law requires a Board agent to ignore facts provided by the Respondent and consider only the facts provided by the Charging Party.