UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION – Union Rules and Discipline in General; Union Dues and Fees; Fines, Assessments, Etc.
Single Topic for Decision 2744E
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801.04000 – Union Rules and Discipline in General; Union Dues and Fees; Fines, Assessments, Etc.
Even if parent labor organization investigating a schism between a local union’s warring factions were a proper respondent, charging party could not state a prima facie case because he complained of purely internal union matters. By censuring charging party and ordering him to attend board meetings telephonically, parent labor organization did not impact his employment relationship with the employer. Nor did parent labor organization fine him or impact his membership, meaning these allegations do not fall into the narrow Kimmett exception for allegations that a union has failed to establish or follow reasonable internal procedures regarding disciplinary fines or membership restrictions. (See, e.g., Coalition of University Employees (Higgins) (2006) PERB Decision No. 1855-H, adopting warning letter at pp. 2-3 [dismissing charge against union that removed its elected president but issued no fine or membership suspension].)