UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT – In General

Single Topic for Decision 1918S

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Dills Act § 3519.5 provides that it shall be unlawful for an employee organization to cause or attempt to cause the state to violate Dills Act § 3519. In order to state a prima facie violation, the charging party must allege facts showing how and in what manner the employee organization caused or attempted to cause the State to commit an unfair practice against the employee. Here, the charge does not demonstrate that the State unlawfully retaliated against an employee by defending its position that he was not entitled to receive unemployment insurance benefits because he had resigned. As such, the charge does not demonstrate that the employee’s union steward’s act of submitting a declaration to the Unemployment Appeals Board caused the State to commit an unfair practice against the employee.