UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION – Discrimination

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It is well-established that initiating an investigation of alleged misconduct is an adverse action. (Service Employees International Union, Local 221 (Gutierrez) (2012) PERB Decision No. 2277-M, p. 9; California Union of Safety Employees (Coelho) (1994) PERB Decision No. 1032-S, p. 12.) However, a union’s decision to investigate an internal discrimination complaint does not normally impact a bargaining unit employee’s relationship with his or her employer. This was an unusual case in which an internal union action initially appeared not to impact any employer-employee but ultimately appeared to do so when the union’s internal investigation report later provided the basis for the District’s written reprimand.