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

Single Topic for Decision 1982E

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To state a prima facie violation of EERA section 3543.6(a), the charge must show how and in what manner the employee organization acted affirmatively to cause or attempt to cause the employer to commit an unfair practice. The charge must also demonstrate a causal connection between the employee organization’s actions and the employer’s unlawful conduct. Charge did not establish that the employer retaliated against the employee for his engagement in protected activity. Charge also failed to establish that the union acted affirmatively to cause or attempt to cause the employer to retaliate against the employee. Even if the union’s filing of grievances against the employee on behalf of his subordinates was a factor in the employee’s rejection on probation, this does not show that the union induced, or attempted to induce, the employer to violate EERA. Nor does the establishment of a prima facie breach of the duty of fair representation also establish that the union caused or attempted to cause the employer to violate EERA.