Decision 0044E – Mt. Diablo Unified School District/Santa Ana Unified School District/Capistrano Unified School District
SF-CE-88; LA-CE-109, 91
Decision Date: December 30, 1977
Decision Type: PERB Decision
Perc Vol: 2
Perc Index: 2024
Decision Headnotes
101.03000 – NLRA/LMRDA Precedent
Government Code section 3543.1(a) has no counterpart in the NLRA.
1400.03000 – Union Responsibility
In determining whether an individual is a representative or an employee organization for purposes of presenting a grievance, common law principles of agency shall govern. Incidental membership in an employee organization without proof that employee is acting on behalf of the employee organization does not disqualify that individual from representing another employee in a grievance proceeding.
202.04000 – Agents (See also 1400)
In determining whether an individual is a representative or an employee organization for purposes of presenting a grievance, common law principles of agency shall govern. Incidental membership in an employee organization without proof that employee is acting on behalf of the employee organization does not disqualify that individual from representing another employee in a grievance proceeding.
202.02000 – Exclusive Representatives
Government Code section 3543.1(a) prevents employee organizations other than the exclusive representative from filing or presenting grievances for employees in the unit. "Employment Relations" used in Govern. Code section 3543.1(a) broad enough to encompass both contractual and noncontractual grievances. Incidental membership in an employee organization without proof that employee is acting on behalf of the employee organization does not disqualify that individual from representing another employee in a grievance proceeding.
202.06000 – Nonexclusive Representatives
Government Code section 3543.1(a) prevents employee organizations other than the exclusive representative from filing or presenting grievances for employees in the unit. "Employment Relations" used in Govern. Code section 3543.1(a) broad enough to encompass both contractual and noncontractual grievances. Incidental membership in an employee organization without proof that employee is acting on behalf of the employee organization does not disqualify that individual from representing another employee in a grievance proceeding.
1400.01000 – In General
In determining whether an individual is a representative or an employee organization for purposes of presenting a grievance, common law principles of agency shall govern. Incidental membership in an employee organization without proof that employee is acting on behalf of the employee organization does not disqualify that individual from representing another employee in a grievance proceeding.
700.01000 – In General
Not domination or assistance for employer to misrepresent to employees that only the exclusive representative was entitled to represent employees in grievance proceedings.