All notes for Subtopic 1400.03000 – Union Responsibility

DecisionDescriptionPERC Vol.PERC IndexDate
2744E San Jose/Evergreen Federation of Teachers, AFT Local 6157, and American Federation of Teachers, AFL-CIO (Crawford et al.)
1400.3000: GENERAL LEGAL PRINCIPLES; AGENCY; Union Responsibility
Rank-and-file bargaining unit members are not agents of a union. (San Bernardino Public Employees Association (White, et al.) (2018) PERB Decision No. 2572-M, partially adopting proposed decision at p. 28; Los Angeles Community College District (1982) PERB Decision No. 252, p. 17.) more or view all topics or full text.
453508/31/20
2744E San Jose/Evergreen Federation of Teachers, AFT Local 6157, and American Federation of Teachers, AFL-CIO (Crawford et al.)
1400.3000: GENERAL LEGAL PRINCIPLES; AGENCY; Union Responsibility
Union officials or candidates may take a variety of actions that are not necessarily imputed to the union. In a dispute between two sharply divided union executive board factions, certain acts may arguably have been motivated by the other faction’s protected activity, but none were official acts of the Union that could give rise to a charge against the organization. more or view all topics or full text.
453508/31/20
2744E San Jose/Evergreen Federation of Teachers, AFT Local 6157, and American Federation of Teachers, AFL-CIO (Crawford et al.)
1400.3000: GENERAL LEGAL PRINCIPLES; AGENCY; 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.) more or view all topics or full text.
453508/31/20
2249M National Union of Healthcare Workers
1400.3000: GENERAL LEGAL PRINCIPLES; AGENCY; Union Responsibility
Where it is alleged that: (1) a union announces that its agents will wear identification badges; (2) persons then appear in the garb of that union wearing identification badges; (3) such persons say to voters that they are agents of the union; and (4) such persons’ conduct tends to or does promote the interest of the union; PERB may conclude prima facie that such persons are union agents. more or view all topics or full text.
3615504/18/12
1769E American Federation of Teachers Local 1521 (Paige)
1400.3000: GENERAL LEGAL PRINCIPLES; AGENCY; Union Responsibility
Individuals alleged by Paige (administrators, evaluators and campus police officers) to have harassed him are not agents of AFT and thus their conduct cannot be attributable to AFT. more or view all topics or full text.
2913906/10/05
1504E Clovis Unified School District
1400.3000: GENERAL LEGAL PRINCIPLES; AGENCY; Union Responsibility
Where CSEA and its local chapter are the exclusive representative, notice to the local does not constitute notice to CSEA. more or view all topics or full text.
271512/18/02
0795E Jamestown Elementary School District
1400.3000: GENERAL LEGAL PRINCIPLES; AGENCY; Union Responsibility
No unilateral change where employer reasonably relied on agreement of union reps. acting with apparent authority; pp. 22-23, proposed dec. (Writ summarily denied.) more or view all topics or full text.
142106903/20/90
0554Ea Morgan Hill Unified School District
1400.3000: GENERAL LEGAL PRINCIPLES; AGENCY; Union Responsibility
Acquiescence not imputed from actions of union official where it was clear he was not acting in official capacity. more or view all topics or full text.
101707103/20/86
0554E Morgan Hill Unified School District
1400.3000: GENERAL LEGAL PRINCIPLES; AGENCY; Union Responsibility
Acquiescence not imputed from actions of union official where it was clear he was not acting in official capacity. more or view all topics or full text.
101703212/27/85
0252E Los Angeles Community College District
1400.3000: GENERAL LEGAL PRINCIPLES; AGENCY; Union Responsibility
Employees are not agents of union absent a showing that they had actual or apparent authority to act for the union, or were informants for the union; p. 18. more or view all topics or full text.
61324110/18/82
0208E Fresno Unified School District
1400.3000: GENERAL LEGAL PRINCIPLES; AGENCY; Union Responsibility
Affiliate of exclusive rep. had no obligation to negotiate with the District, nor could it request or participate in the statutory impasse procedures. Therefore, it cannot be held liable for violation of subsections 3543.5(c) or (d); pp. 23-24. more or view all topics or full text.
61311004/30/82
0044E Mt. Diablo Unified School District/Santa Ana Unified School District/Capistrano Unified School District
1400.3000: GENERAL LEGAL PRINCIPLES; AGENCY; Union Responsibility
In determining whether an individual is a representative or an employee organization for purposes of presenting a grievance, common law principles of agency shall govern. Incidental membership in an employee organization without proof that employee is acting on behalf of the employee organization does not disqualify that individual from representing another employee in a grievance proceeding. more or view all topics or full text.
2202412/30/77