UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – Scope of Duty; Internal Union Affairs

Single Topic for Decision 3053E

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As contemplated in San Francisco Classroom Teachers Association, CTA/NEA (Chestangue) (1985) PERB Decision No. 544, and (Berkeley Federation of Teachers, Local 1078, AFL-CIO (Moore) (1988) PERB Decision No. 658, adopting warning letter, p. 3, the union lawfully determined that representation at Skelly hearings would be provided by the organization as a benefit of membership, consistent with PERB precedent allowing unions to provide membership-only benefits when they do not possess exclusive control over the process. (pp. 8-9.) In so doing, CSEA did not deprive Blake of access to a Skelly hearing nor any other due process protections that the employer, Amador County Office of Education (Amador COE), was obliged to provide. Indeed, Amador COE remained responsible for providing due process regardless of the union’s role. (pp. 8-9.)