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

Single Topic for Decision 1304S

View all topics for Decision 1304S

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

The statutes administered by PERB provide employees with no protected rights in the organization or operation of their exclusive representative unless the internal activities of the employee organization have an impact on the employer-employee relationship; p. 4. PERB has traditionally refrained from reviewing the internal affairs of unions; p. 3, partial warning letter. The Board has intervened in the internal affairs of a union when alleged retaliation against the members for their union participation went beyond solely internal union activities or relations and impacted the employment relationship; p. 5. In this case, the general allegations of abuse and coercion of members including costliness of current bargaining strategy, systematic emotional abuse of dissidents, writing slanderous articles and including costliness of current bargaining strategy, systematic emotional abuse of dissidents, writing slanderous articles and relating to restrictions on employee's membership so these solely internal union activities or relations are not protected by the Dills Act; p. 7. The Board reviews internal union affairs to consider the reasonablenes of a union's membership restrictions or dismissals consistent with Dills Act section 3515.5; p. 5.