Service Employees International Union Local 99 (Sponza) (PERB 0402E)

STATE OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT RELATIONS 	BOARD
DONALD 	SPONZA,
Charging 	Party,
APPELLANT,
v.
SERVICE EMPLOYEES 	INTERNATIONAL
UNION, LOCAL 99, AFL-CIO,
Respondent.
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) 	Case 	No. 	LA-CO-278
PERB Decision No. 	402
August 31 , 	1984
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Appearances; 	Donald Sponza, 	in propria persona.
Before Hesse, 	Chairperson; 	Jaeger and Morgenstern, 	Members.
DECISION
JAEGER, 	Member: 	This case 	is before 	the Public Employment
Relations 	Board 	(Board) 	on appeal 	filed by Donald 	Sponza of 	a
regional 	attorney's 	refusal 	to 	issue 	a 	complaint and 	dismissal
of his unfair practice 	charge 	on 	the ground 	that 	it 	was
time-barred. 	In the underlying charge, 	Sponza alleged 	that 	the
Service Employees 	International Union, 	Local 99, 	AFL-CIO
(Union) 	had 	engaged 	in conduct violative 	of 	section 	3543.6 of
the 	Educational 	Employment 	Relations 	Act 	(EERA).1
1EERA 	is 	codified 	at 	Government 	Code 	section 	3540
et 	seq.
Section 	3543.6 provides:
It 	shall be unlawful 	for 	an employee
organization 	to:
(a) 	Cause or attempt 	to cause a public
(
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The 	Board has 	reviewed 	the appeal 	and 	the 	entire 	record 	in
this case. 	While we 	concur with 	the disposition of this
matter, 	we do not agree with 	the regional attorney's 	finding
that Appellant's 	request 	for 	representation 	in the
administrative 	review of his 	layoff was 	a 	revival 	of 	a previous
request 	for Union assistance. 	We are persuaded 	that 	there 	were
two separate and distinct requests: 	one, 	in June 	1982, 	for
assistance 	in 	the processing 	of 	a grievance 	against 	the 	threat
of 	imminent 	layoff and 	the other 	for 	representation 	in 	the
administrative proceedings 	after 	the 	layoff became effective 	in
February 1983. 	In spite of this disagreement, 	we 	affirm the
regional 	attorney's 	finding 	that 	the Union did 	not breach 	its
duty of 	fair 	representation when 	it 	denied 	Appellant's 	request
for 	representation 	in 	the administrative 	review of his 	layoff.
school employer 	to violate 	Section 	3543.5.
(b) 	Impose or 	threaten 	to 	impose 	reprisals
on employees, 	to discriminate or 	threaten to
discriminate 	against employees, 	or otherwise
to 	interfere with, 	restrain, 	or coerce
employees because of 	their exercise of
rights 	guaranteed 	by 	this 	chapter.
(c) 	Refuse or 	fail 	to meet and negotiate 	in
good 	faith with 	a public 	school 	employer of
any of the employees of which 	it 	is the
exclusive 	representative.
(d) 	Refuse 	to participate 	in good 	faith 	in
the 	impasse procedure 	set 	forth 	in Article 	9
(commencing with Section 	3548).
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In Rocklin 	Teachers 	Professional 	Association 	(Romero)
(3/26/80) 	PERB Decision No.124, 	the Board, 	following precedent
set 	by the National 	Labor 	Relations 	Board 	and 	affirmed by the
Supreme Court 	in Vaca v. 	Sipes 	(1967) 	386 U.S. 	171, 	noted:
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. . . 	a breach of 	the 	duty of 	fair
representation occurs 	when 	a 	union's 	conduct
toward a member 	of 	the bargaining unit 	is
arbitrary, 	discriminatory, 	or 	in bad faith.
Rocklin at p. 	7.
According 	to 	the 	allegations 	contained 	in the 	instant
charge, 	Sponza wrote the Union on May 10, 	1983, 	asking that the
Union 	"represent 	me and ad 	[sic] 	there 	[sic] 	voice 	to my
request." 	Attached to this 	letter was 	a 	document 	to 	Sponza
from the Los 	Angeles 	City School 	District 	in which 	it 	advised
Sponza that he had 	seven days 	to request 	an appeal 	of his
layoff 	status 	in an administrative 	review. 	Because 	this 	letter
to Sponza was 	dated February 10, 	1983, 	the Union presumably
believed, 	and 	so advised Sponza, 	that 	the 	time period within
which he 	could have 	invoked his 	rights, 	by requesting 	an
administrative 	review, 	had 	elapsed. 	In the absence 	of 	any
allegations 	in this 	case which 	indicate 	that 	Sponza 	advised the
Union that 	a timely request had been made 	of 	the District, 	we
do not 	find that 	the Union 	acted arbitrarily, 	discriminatorily
or 	in bad 	faith.
ORDER
Based 	upon the 	foregoing 	facts 	and 	conclusions 	of 	law, 	the
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charge 	filed by Donald 	Sponza 	against 	the 	Service 	Employees
International Union, 	Local 99, 	AFL-CIO, 	is hereby DISMISSED.
Chairperson Hesse 	and Member Morgenstern 	joined 	in 	this
Decision.
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