Decision 1012S – California State Employees Association (Hackett)

S-CO-153-S

Decision Date: September 8, 1993

Decision Type: PERB Decision

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Perc Vol: 17
Perc Index: 24151

Decision Headnotes

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

The duty of fair representation extends only to union activities that have a substantial impact on the relationship of the unit members to their employer. Charging party failed to demonstrate that the union's internal activities concerning the ratification process had a substantial impact on the relationship of unit members to their employer; p. 3, warning letter. A union is allowed substantial leeway in its internal procedures for developing negotiations strategy, selection of a negotiating team and final contract ratification; pp. 4-5, warning letter.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.05000 – Mode or Adequacy of Representation/Advocacy

No violation without an allegation that the union knowingly misrepresented a fact in order to secure ratification of the contract; p. 5, warning letter.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Charging party provided no explanation which would constitute good cause to allow the Board to consider the new evidence offered on appeal; p. 2.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

32635(b). Charging party provided no explanation which would constitute good cause to allow the Board to consider the new evidence offered on appeal; p. 2.