UNION UNFAIR PRACTICES; DEFENSES – Internal Union Procedures

Single Topic for Decision 1126S

View all topics for Decision 1126S

Full Decision Text (click on the link to view): Full Text

* * * OVERRULED IN PART by California State Employees Association (Hard et al.) (1999) PERB Decision No. 1368-S, p. 28, where the Board held that the Service Employees International Union, Local 99 (Kimmett) (1979) PERB Decision No. 106 principle applies to claims that a union retaliated against or interfered with protected activity. In such claims, other than those challenging a union’s restriction on membership, a charging party employee must show the union’s conduct impacted the employee’s relationship with their employer. * * *

Dills Act section 3515 guarantees employees the right to "participate" in a union which includes dissident activity that falls short of a decertification effort; pp. 4-5. The filing of written charges and a lawsuit against charging parties is cognizable harm. A person suspended from union membership cannot "participate" in the activities of the union and discriminatory interference with such participation constitutes harm; p. 8, p. 28, proposed dec.