Headnote for 0222E, 801.02000 - Employee Right to Refrain from Union Activities - California Public Employment Relations Board

UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION – Employee Right to Refrain from Union Activities

Single Topic for Decision 0222E

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801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.02000 – Employee Right to Refrain from Union Activities

Union policy requiring nonmembers to pay share of arbitration costs or the equivalent of annual dues (whichever is less) as precondition to moving a grievance to arbitration, breaches duty of fair representation where: members were not required to make such payment and the union had the exclusive right under contract to appeal grievance to arbitration. Conditioning representation of nonmembers upon payment of cost also unlawfully discriminates, interferes with, etc., nonmembers in exercise of right to participate in employee organization; pp. 5-8.