GENERAL LEGAL PRINCIPLES; AGENCY – Union Responsibility
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1400.03000 – Union Responsibility
A union, like an employer, is liable for the acts of those bearing either actual or apparent authority to act on its behalf. (National Union of Healthcare Workers (2012) PERB Decision No. 2249-M, p. 14.) Actual authority is that which an organization intentionally confers upon the agent, or intentionally or negligently allows the agent to believe himself or herself to possess. (Chula Vista Elementary School District (2004) PERB Decision No. 1647, p. 7.) Apparent authority may be found from manifestations by the principal that create a reasonable basis for others to believe that the principal has authorized the alleged agent to perform the act in question. (Ibid.) In general, a respondent' s high-ranking officials, particularly those whose duties include employee or labor relations matters, are presumed to act and speak on behalf of the respondent, meaning that the respondent is generally liable for their conduct. (City of San Diego (2015) PERB Decision No. 2464-M, p. 23.) However, there is no blanket rule that an elected union representative always acts as the union’s agent. (Morgan Hill Unified School District (1986) PERB Decision No. 554a, p. 7.)