Headnote for 1733E, 801.03000 - Employee Right to Participate; Improper Discipline or Refusal to Admit to Membership - California Public Employment Relations Board

UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION – Employee Right to Participate; Improper Discipline or Refusal to Admit to Membership

Single Topic for Decision 1733E

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801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.03000 – Employee Right to Participate; Improper Discipline or Refusal to Admit to Membership

Peterson’s exclusion from running for union office is not an adverse action. Participation in union elections is an internal union affair and the Board has traditionally refused to interfere in the internal union affairs of an employee organization unless those affairs impact the member’s relationship with his/her employer. Peterson has not demonstrated any impact on the employer-employee relationship by CSEA precluding him from running for office. Contrast the Board’s ruling in California Union of Safety Employees (Coelho) (1994) PERB Decision No. 1032-S. Exclusion from participation in a union election is not the same as suspension or dismissal from membership in the union, a matter subject to Board review under EERA section 3543.1(a).