Decision 1380S – California State Employees Association (Hutchinson)
SF-CO-40-S
Decision Date: February 29, 2000
Decision Type: PERB Decision
Description: Employee appealed Board agent’s dismissal of unfair practice charge alleging that CSEA violated the Dills Act by interfering with the employer-employee relationship.
Disposition: Dismissed. Charge involved conduct between a union and a terminated employee which occurred subsequent to the termination of the individual from State service; the former employee lacked standing to file an unfair practice charge.
Perc Vol: 24
Perc Index: 31065
Decision Headnotes
1100.03000 – Standing
The charge alleged that violated Dills Act section 3519.5 where the charge involves conduct between an employee organization and a terminated employee which occurred subsequent to the termination of that individual from State employment, the former employee lacks standing to file an unfair practice charge against the employee organization based on that conduct. However, that holding does not alter the longstanding rule that terminated employees have the right under the Dills Act to challenge the termination itself as discriminatory, because such persons were State employees at the time of the allegedly unlawful conduct that formed the basis of the charge. (California Union of Safety Employees (Trevisanut, et al.) (1993) PERB Decision No. 1029-S, at p. 9.