Decision 1747M – International Union of Operating Engineers Local 39 (Kempe)

SF-CO-54-M

Decision Date: February 4, 2005

Decision Type: PERB Decision

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Perc Vol: 29
Perc Index: 71

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

A union's "mere negligence" may breach the duty of fair representation in cases in which the individual interest at stake is strong and the union's failure to perform a ministerial act completely extinguishes the employee's right to pursue his claim; p. 7. The Board has found that various actions taken by a union, considered separately, would not violate the duty of fair representation. However, when considered in their totality, the actions represent a pattern of conduct which demonstrate an arbitrary failure to fairly represent the bargaining unit employee; p. 7. A union's decision to conduct an arbitration hearing contrary to the wishes of an employee; by failing to meet with employee before the hearing; and by failing to present certain evidence, does not violate the duty of fair representation; p. 9.

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

A union's "mere negligence" may breach the duty of fair representation in cases in which the individual interest at stake is strong and the union's failure to perform a ministerial act completely extinguishes the employee's right to pursue his claim; p. 7. The Board has found that various actions taken by a union, considered separately, would not violate the duty of fair representation. However, when considered in their totality, the actions represent a pattern of conduct which demonstrate an arbitrary failure to fairly represent the bargaining unit employee; p. 7. A union's decision to conduct an arbitration hearing contrary to the wishes of an employee; by failing to meet with employee before the hearing; and by failing to present certain evidence, does not violate the duty of fair representation; p. 9.