All notes for Subtopic 202.02000 – Exclusive Representatives

DecisionDescriptionPERC Vol.PERC IndexDate
2575M Service Employees International Union Local 521 (Garcia)
202.2000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Exclusive Representatives
Charging Parties alleged that their exclusive representative had breached its duty of fair representation by: (1) inducing Charging Parties to continue working misclassified overtime hours with false assurances that they would be fully compensated for all overtime hours worked if the organization prevailed in its grievance against the employer; (2) urging an arbitrator to award all employees an equal lump sum payment to remedy the grievance and capping the employer’s total liability, rather than awarding full back pay only to those employees who actually worked the misclassified hours; and, (3) failing to provide notice and opportunity for input and/or misleading Charging Parties regarding the status of settlement negotiations and the terms of an arbitrator’s opinion and award, despite requests by Charging Parties for such information. The Office of the General Counsel dismissed the charge for lack of jurisdiction over the arbitrator, lack of ripeness for review, and/or failure to state a prima facie case of an unfair practice. more or view all topics or full text.
432206/28/18
2575M Service Employees International Union Local 521 (Garcia)
202.2000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Exclusive Representatives
The Board denied an appeal and adopted the dismissal of an unfair practice charging alleging a breach of the duty of fair representation arising from damages allegedly suffered as the result of an arbitrator’s opinion and award in a grievance brought by the exclusive representative on Charging Parties’ behalf. An arbitrator is not a proper respondent in an unfair practice and therefore PERB had no authority to review the arbitrator’s opinion and award to determine if its provisions constituted an unfair labor practice. Additionally, the facts, as alleged in the charge, demonstrated that Charging Parties had notice and opportunity to give their input before their representative entered into a tentative agreement to settle the dispute and that, because the tentative settlement agreement was never finalized, any harm suffered by Charging Parties was not attributable to the representative’s acts or omissions. more or view all topics or full text.
432206/28/18
2556M County of San Bernardino
202.2000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Exclusive Representatives
An exclusive representative under EERA is “the employee organization recognized or certified as the exclusive negotiating representative of public school employees, . . . in an appropriate unit of a public school employer.” more or view all topics or full text.
4211403/06/18
2047E California Teachers Association (Bussman)
202.2000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Exclusive Representatives
Where the California Teachers Association (CTA) is not the designated exclusive representative, EERA does not impose a duty of fair representation on CTA. Therefore, a charge specifically against CTA for failure to provide charging party with representation, is not a violation of EERA. more or view all topics or full text.
3312506/30/09
1850E California Teachers Association and Oakland Education Association (Welch)
202.2000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Exclusive Representatives
California Teachers Association has not been designated as the exclusive representative of the District’s certificated employees and while it may affiliate with Oakland Education Association, it is not the exclusive representative. more or view all topics or full text.
3015208/17/06
1731M County of Fresno
202.2000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Exclusive Representatives
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

202.2000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Exclusive Representatives
The fact that the police chief was not civil service while the other employees were civil service does not make segregation in a separate unit reasonable. Nor does the fact that he is chief supervisor reporting on the efficiency of other employees make segregation from other management reasonable. Other managers below the chief of police have similar duties in relation to the employees that they supervise. more or view all topics or full text.

202.2000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Exclusive Representatives
a recognized employee organization is one which has been formally acknowledged by the public agency as an employee organization entitled to meet and confer with the governing body of labor management problems. Representation unit's may comprise several recognized employee organizations so long as the unit is appropriate. more or view all topics or full text.
1504E Clovis Unified School District
202.2000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Exclusive Representatives
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
A127E Poway Unified School District
202.2000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Exclusive Representatives
An amendment of certification purporting to affiliate an exclusive representative with the American Federation of Teachers while retaining its affiliation with the California Teachers Association cannot be granted. CTA bylaws preclude mergers by local affiliates with other organizations. PERB has no power to compel an unwilling state or national organization to accept the affiliation of a local exclusive representative through the amendment of certification. more or view all topics or full text.
61310804/30/82
1188H Regents of the University of California (University Professional and Technical Employees)
202.2000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Exclusive Representatives
The duty to meet and confer attaches when PERB certifies the exclusive representative, not the date of the election; p. 19. more or view all topics or full text.
212806703/19/97
1161E Santa Rosa Junior College (Aune)
202.2000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Exclusive Representatives
Exclusive representative has exclusive right to elevate a grievance to arbitration, employer cannot be compelled to arbitrate by employee, employer refusal to do so is not an unfair practice; p. 3, warning letter. more or view all topics or full text.
202711406/26/96
0688Eb San Francisco Community College District
202.2000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Exclusive Representatives
The exclusive representative of the classified employees has no right to bargain over subject related to certificated staff. SEIU had alleged that the District had unilaterally, without negotiations, adopted a policy barring classified personnel who worked in the District from also serving as certificated employees. more or view all topics or full text.
142102512/20/89
0349E Anaheim City School District, et al.
202.2000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Exclusive Representatives
Opportunity for nonmembers to participate in change of exclusive representative is fundamental in EERA scheme. Election which does not allow their participation will not be recognized by PERB. more or view all topics or full text.
71426309/30/83
0208E Fresno Unified School District
202.2000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Exclusive Representatives
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
202.2000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Exclusive Representatives
Government Code section 3543.1(a) prevents employee organizations other than the exclusive representative from filing or presenting grievances for employees in the unit. "Employment Relations" used in Govern. Code section 3543.1(a) broad enough to encompass both contractual and noncontractual grievances. 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