All notes for Subtopic 202.01000 – In General; Statutory Definition

DecisionDescriptionPERC Vol.PERC IndexDate
2493H Regents of the University of California (Irvine)
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
Group is tasked by outside accreditation agency with providing program oversight, creating institutional policies and developing new programs with delegated authority to establish specific policies and procedures concerning the quality of education and the work environment including areas which fall within the scope of representation. Because it did not appear to “interface” with the employer or otherwise participate with or deal with the employer in executing its policymaking, the group is more akin to the groups where “management has delegated actual decision-making authority” and is not an “employee organization” as defined by HEERA section 3562, subd. (f)(1). Employer did not dominate or interfere with formation of any employee organization. Forum is a mode of communication for employees to exchange information on their work environment and other issues. While arguably there may be some discussion of topics within the scope of representation, no evidence was presented showing any discussion between the employees and the employer. Regardless, such discussions would appear to be a “mere discussion with management, rather than making recommendations to management.” As such, the Forum is not an “employee organization” as defined by HEERA section 3562, subd. (f)(1). Employer did not dominate or interfere with formation of any employee organization. more or view all topics or full text.
413206/30/16
2034S Civil Service Division, California State Employees Association (Eisenberg)
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
Charging party failed to name the proper labor organization as a party to the case, where charge alleging the Service Employees International Association, Local 1000 (SEIU) expelled him from membership for filing an unfair practice charge was filed against the Civil Service Division, California State Employees Association, rather than SEIU. more or view all topics or full text.
3310006/04/09
1945E Journey Charter School * * * VACATED by Journey Charter School (2009) PERB Decision No. 1945a
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
EERA is applicable to charter schools. (Ed. Code section 47611.5(a).) As of January 1, 2000, charter school employees have the right to form, join and participate in the activities of employee organizations under EERA section 3543, and PERB has the authority to investigate allegations of unfair practices committed in a charter school under EERA section 3541.3(i). more or view all topics or full text.
324502/28/08
1731M County of Fresno
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
No bypassing of exclusive representative where County established jail working group was not formed to compete with exclusive representative. Exclusive representative participated in formation of group by providing names to county of potential members of group and contract provided for the group. more or view all topics or full text.
294712/27/04
1573H American Arbitration Association (O'Malley)
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
Board finds that AAA is not an agent of the exclusive representative simply because it was selected and paid by the representative to conduct an arbitration hearing. AAA was not hired to represent employees with higher education employers regarding terms and conditions of employment. more or view all topics or full text.
284012/30/03
1411S California State Employees Association (Hard and Hackett)
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
CSEA's claim that the Board has previously found the Caucus for a Democratic Union (CDU) to be an employee organization within the meaning of the Dills Act is unsupported by case law. The cases support a finding that CDU constitutes a political faction within CSEA, and not a separate employee organization. Findings by DPA are not inconsistent with the Board's conclusion; pp. 18-21. more or view all topics or full text.
253200610/10/00
1429E Lodi Unified School District
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
Service of the severence request adequate under Regulation 32140 and 33015 where employee in the unit signed the proof of service. No evidence that the employee was a authorized representative of the requesting party. more or view all topics or full text.
253205504/30/01
1399S State Employees Caucus for a Democratic Union (California State Employees Association, et al.)
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
The Dills Act only defines unlawful actions by the state and employee organizations, and not by an individual state employee. Charging Parties filed the instant charge against CDU and certain named individual state employees. To the extent the charge was filed against members of CDU as individuals, the charge was dismissed; pp. 6-7, warning letter. The central focus in the definition of employee organization is whether the group in question exists for the purpose of furthering the interests of employees by dealing with the employer on a matter of employer-employee relations; p. 7, warning letter. more or view all topics or full text.
243112808/04/00
A187E Jamestown Elementary School District
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
Group which has evinced a central purpose of representation of employees on employment-related matters is an employee organization, despite allegations that its internal structure limits members' right to participate. Admin. Deter., p. 2, Order To Show Cause (OTSC), pp. 2-6. more or view all topics or full text.
132013806/21/89
A087E Antelope Valley Union High School District
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
Board denies appeal by incumbant exclusive representative of order directing decertification election; petitioner qualifies as an employee organization under EERA as it has shown: names of certain certificated employees in the existing unit who are dues-paying members in its organization, and its constitution does not, as alleged by the incumbant union, state that employee organizations will be constituent members of the petitioner; p. 2. more or view all topics or full text.
41107804/30/80
1304S California State Employees Association (Hutchinson/Laosantos)
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
In cases where amended charge alleges that illegal competing organization or individuals acting outside the scope of their authority as agents of the union have committed unfair practices against the chraging parties, such allegations are subject to dismissal because they do not on their face allege unlawful conduct by the respondent; p. 2, dismissal letter. more or view all topics or full text.
233002812/11/98
1022E Stanislaus County Office of Education
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
PERB lacks authority to force an employee organization to represent employees against its will. more or view all topics or full text.
182500510/26/93
0650E Redwoods Community College District
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
To qualify as an employee organization under EERA section 3540.1(d), a group need not represent employees on negotiable matters. It need only represent employees in their "relations" with the public school employer, notwithstanding that it never represents employees in the bargaining process or grievances; Groups to which management delegates actual decision-making authority are not "employee organizations" under the Act. more or view all topics or full text.
121901812/28/87
0450E San Leandro Unified School District
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
An association of retired persons is not an employee organization. It contains no employees of a public school employer as required under section 3540.12(d). more or view all topics or full text.
91601712/06/84
0349E Anaheim City School District, et al.
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
Employee organization, as structured, is an employee organization within meaning of Act. Multi-employer bargaining unit not created by change in certification to new organization in place of five different local chapters. more or view all topics or full text.
71426309/30/83
0344S State of California (Department of Developmental Services)
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
Despite relationship with CMA, organization meets requirements of employee organization definition in SEERA. more or view all topics or full text.
71424509/12/83
0284E Shasta Union High School District
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
Board affirms Regional Attorney's dismissal of alleged section 3543.5 (a) and 3543.6(b) violations as no facts alleged that respondents were acting on behalf of employer or as a group of employees; RA letter, pp. 3-4. more or view all topics or full text.
71406802/14/83
0228S State of California (Department of Developmental Services) (Monsoor)
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
Employees organized to promote issue of on-grounds housing constitute an employee organization because group has as its central focus, the representation of employees on an employment-related matter. In order to constitute an "employee organization" it is not necessary for group of employees to have a formal structure, seek exclusivity, or be concerned with all aspects of the employment relationship; p. 8. more or view all topics or full text.
61317307/28/82
0977E Sierra Sands Unified School District
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
An employee organization for collective bargaining and representation purposes under the EERA has as one of its primary purposes, representation of its members in their relations with their employer; p. 3, pp. 8-9, proposed dec. The teacher group formed to oppose imposition of agency fees did not have as an organizational purpose an involvement of itself in the relationship between employees and the district. Its sole purpose was to affect the terms of the relationship between the employees and the union; pp. 9-10, proposed dec. more or view all topics or full text.
172405102/23/93
0023E San Francisco Unified School District
202.1000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; In General; Statutory Definition
Group with members in proposed unit which filed an intervention seeking to represent these employees is enough evidence of employee organization status. more or view all topics or full text.
2205209/08/77