Collective In Bargaining, Yes, But Insufficient Evidence To Support Class Treatment (For Now): Individual Union Members Fail In Their First Bid For Class Certification Against Service Employees International

This past week the U.S. District Court for the Northern District of California issued a decision denying class certification in Herrera et. al. v. Service Employees International Union Local 87, No. 3:10-CV-01888-RS (N.D. Cal. April 10, 2012), in which Plaintiffs alleged that their union violated Title VII and the California Fair Employment and Housing Act by discriminating on the basis of national origin. Both statutes make it an unlawful practice for a labor organization to discriminate based on national origin in membership and referral to employment, or to cause an employer to discriminate on the basis of national origin in the terms or conditions of employment. 

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