UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION – Employee Right to Refrain from Union Activities

Single Topic for Decision 2088S

View all topics for Decision 2088S

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

Notwithstanding a “maintenance of membership” clause permitting employees to withdraw from union membership only during the last 30 days before expiration of the contract, union members were entitled to withdraw from membership after expiration of the contract but before the parties entered into a successor agreement. By requiring the parties to continue to abide by the terms of the expired agreement until a new agreement or impasse is reached, Dills Act section 3517.8 effectively imposes the existing contractual terms on the parties on a day-to-day basis. Accordingly, by refusing to honor members’ requests to withdraw from membership after expiration of a collective bargaining agreement, the union violated their rights under Dills Act sections 3513(i), 3515 and 3519.5(b). Additionally, while motive is an element of discrimination or retaliation, motive or intent is not an issue in interference cases, and the charging party “need only make a prima facie showing that the respondent's conduct tends to or does result in harm to employee rights.”