All notes for Subtopic 202.04000 – Agents (See also 1400)

DecisionDescriptionPERC Vol.PERC IndexDate
2575M Service Employees International Union Local 521 (Garcia)
202.4000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Agents (See also 1400)
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)
202.4000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Agents (See also 1400)
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
1573H American Arbitration Association (O'Malley)
202.4000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Agents (See also 1400)
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
1504E Clovis Unified School District
202.4000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Agents (See also 1400)
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
0554Ea Morgan Hill Unified School District
202.4000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Agents (See also 1400)
Acquiescence not imputed from actions of union official where it was clear he was not acting in official capicity. more or view all topics or full text.
101707103/20/86
0554E Morgan Hill Unified School District
202.4000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Agents (See also 1400)
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
0368E San Diego Community College District
202.4000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Agents (See also 1400)
As a member of an Association executive board and negotiating committee, a grievant was presumed to be speaking on the Association's behalf when he had obtained authorization to act on its behalf and was accordingly speaking on matters of employment relations to employer board of trustees. more or view all topics or full text.
81500912/22/83
0252E Los Angeles Community College District
202.4000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Agents (See also 1400)
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
0044E Mt. Diablo Unified School District/Santa Ana Unified School District/Capistrano Unified School District
202.4000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Agents (See also 1400)
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