Decision 2076M – Service Employees International Union Local 1021 (Lam)

SF-CE-181-M

Decision Date: November 4, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 185

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

Charge failed to state prima facie case of breach of duty of fair representation because it alleged no facts showing that employee organization’s participation in closure of employee’s grievances was arbitrary, discriminatory, or in bad faith. Employee organization’s failure to notify employee directly of the closure did not breach duty of fair representation because charge did not establish that employee could have pursued his grievances further without union approval.

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

Charge failed to state prima facie case of breach of duty of fair representation because it alleged no facts showing that employee organization’s participation in closure of employee’s grievances was arbitrary, discriminatory, or in bad faith. Employee organization’s failure to notify employee directly of the closure did not breach duty of fair representation because charge did not establish that employee could have pursued his grievances further without union approval.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

Allegation that employee organization failed to notify its local officers of closure of employee’s grievances is an internal union matter not subject to PERB review because charge did not allege that the lack of communication had a substantial impact on the employee’s employment relationship with the employer.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Charge alleging breach of duty of fair representation was timely when filed exactly six months to the day after charging party discovered employee organization’s participation in closure of his grievances.