UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Scope of Duty; Internal Union Affairs
Single Topic for Decision 1855H
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800.04000 – Scope of Duty; Internal Union Affairs
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. PERB has traditionally refrained from reviewing the internal affairs of unions. 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. In this case, the allegation that the charging party was removed from office as statewide president of CUE for the remainder of her term are solely internal union activities and are not protected by HEERA.