All notes for Subtopic 202.06000 – Nonexclusive Representatives

DecisionDescriptionPERC Vol.PERC IndexDate
2556M County of San Bernardino
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
Nonexclusive representative refers to an employee organization, as defined by section 3540.1, subdivision (d), that has not been recognized or certified as the exclusive representative. more or view all topics or full text.
4211403/06/18
2047E California Teachers Association (Bussman)
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
Where 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
1252H Regents of the University of California (University Professional and Technical Employees)
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
Although the HEERA precludes the University from unilaterally changing a term or condition of employment within the scope of representation when employees are exclusively represented, the University has no such obligation in the absence of an exclusive representative; p. 10. Where higher education employees are not exclusively represented, HEERA obligates University only to communicate its intention prior to making changes to affected employees; pp. 11-12. more or view all topics or full text.
222906302/27/98
1188H Regents of the University of California (University Professional and Technical Employees)
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
Under HEERA, the nonexclusive representative has no independent right to represent is members, and the higher education employer has no duty to meet and confer with a nonexclusive employee organization on matters within the scope of representation; p. 18. For nonexclusively represented employees, the employer's decision becomes effective when it is clear the employer decided to implement the program, not the date the employer subsequently implements the program; p. 21. more or view all topics or full text.
212806703/19/97
1055H Regents of the University of California (University Professional and Technical Employees and Anisman)
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
Employer's duty to nonexclusively represented employees is to notify employees of proposed changes in employment conditions and meet with the employees union if requested. Employer has more latitude in implementing proposals than just those "reasonably comprehended" within the proposals noticed to employees. Nonexclusive representative rights to meet and confer does not encompass right to negotiate salary and/or employment conditions of other employees. more or view all topics or full text.
182512809/12/94
0743E Butte Community College District
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
Failure of the charging party to prove the District was on notice of its representational status is fatal to its case; pp. 6-7. more or view all topics or full text.
132013306/19/89
0531H Regents of the University of California
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
Board applies reasoning of Regents 168 Cal App. 3d 937 to facts. Under HEERA, employer not required to meet and confer with non-exclusive representative. more or view all topics or full text.
91623210/29/85
0470H Regents of the University of California (California State Employees Association)
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
"Non-exclusive rep. has right to meet & discuss with employer, changes in matters of fundamental interest to employees; pp. 51-52, proposed dec. Change from "indefinite" to "definite" term of student appointments does not trigger right of non-exclusive rep. to meet & discuss with employer. more or view all topics or full text.
91604112/28/84
0359H Regents of the University of California * * * VACATED by Cole Letter of October 29, 1986 * * *
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
Non-exclusive representative entitled to meet and discuss University's change in reemployment rights of lecturers. Vacated by Cole letter of 10/29/86. more or view all topics or full text.
71429311/23/83
0267H Regents of the University of California (University of California Los Angeles)
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
Obligation to meet and confer under HEERA exists as to matters which are fundamental to the fulfillment of the representational function of the non-exclusive representative; employer had obligation to meet and confer with non-exclusive representative regarding change of hours of employment; pp. 4-5. more or view all topics or full text.
71402112/21/82
0229S State of California (Franchise Tax Board) (Association of California State Attorneys and Hearing Officers)
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
Obligation imposed by Ralph C. Dills on the State employer with respect to the non-exclusive representative is to provide a reasonable opportunity to meet and discuss subjects which are basic to the employment relationship; p. 8. more or view all topics or full text.
61317407/29/82
0211H California State University, Sacramento
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
Under HEERA a change in policy regarding campus access for non-exclusive representatives requires prior notice to affected employee organizations and reasonable opportunity to discuss the projected change; p. 32. Reversed in 168 Cal.App.3d 937. Overall statutory scheme of HEERA preserves representation rights for employees and non-exclusive employee organizations until such time as an exclusive representative is selected. The basic rationale of SEERA, as expressed in Professional Engineers in California Government (1980) PERB Decision No. 118-S, applies to HEERA: the statute generally expands the rights of employees; pp. 28-31. more or view all topics or full text.
61311504/30/82
0212H Regents of the University of California (Lawrence Livermore National Laboratory)
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
University required to provide prior notice and an opportunity to discuss contemplated changes in wages, hours, and other terms and conditions of employment to nonexclusive representatives. However, obligation under HEERA to give notice and meet with nonexclusive representatives is not the same as that imposed with regard to exclusive representatives; p. 11. Under HEERA, the procedural ground rules for meeting and discussion are properly the subject matter of discussions between the Regents and affected nonexclusive representatives; p. 11. Unreasonable restrictions placed on the presumptive right of access for a represetative organization is a clear nexus for a finding that the Regents violated HEERA subsections 3571(a) and (b); p. 21. The language of HEERA and its overall statutory scheme provide a clear indication that the Legislature did not intend to consign nonexclusive The language of HEERA and its overall statutory scheme provide a clear indication that the Legislature did not intend to consign nonexclusive SEERA not provided for similarly or identically in HEERA does not mean that the policy embodied by such provision is not applicable to HEERA; pp. 6-7. HEERA's express provisions indicate a legislative intent to preserve representation rights for employees and employee organizations until such time as an exclusive representative is selected; p. 7. Subsection 3560(e) makes clear the Legislature's intention that designation of nonexclusive representatives is an integral part of the statutory scheme; pp. 6-7. The statutory language of subsection 3565 separates meeting and conferring from other representational functions and is an indication that the Legislature intended to enable employees to be represented by nonexclusive representatives prior to selection of an exclusive representative. The very definition of the term "employee nonexclusive representatives prior to selection of an exclusive representative. The very definition of the term "employee with" the higher education employer regarding employment matters. Otherwise, the Legislature would have limited the definition accordingly, rather than including within that definition ". . . any organization of any kind . . . ."; pp. 9-10. more or view all topics or full text.
61311604/30/82
0977E Sierra Sands Unified School District
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
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
0127S State of California (Department of Corrections) (California Correctional Officers Association)
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
Non-exclusive representative's right to meet and confer does not encompass right to negotiate the employer's withdrawal of free office space and inmate clerical staff; pp. 15-16. more or view all topics or full text.
41107905/05/80
0128E Rio Hondo Community College District
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
District did not violate EERA by implementing a release- time policy without negotiating because at the time the policy was implemented there was no exclusive representative; pp. 15-17. more or view all topics or full text.
41108905/19/80
0118S Professional Engineers in CA Government (Professional Engineers in California Government)
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
Non-exclusive rep has right to meet and consult with employer under Dills Act on subjects basic to employment relationship; pp. 7-8. more or view all topics or full text.
41104503/19/80
0044E Mt. Diablo Unified School District/Santa Ana Unified School District/Capistrano Unified School District
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive 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
0070E Chula Vista City School District
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
Allowing non-exclusive rep. to address school board at public meeting on subject of increase in wages not unlawful where board did not engage in negotiations and where there was no interference with exclusive rep.'s right to be sole rep. of unit employees in their employment relations with the district; p. 5; pp. 5-11, proposed dec.. Non-exclusive rep.'s presentation to school board created no danger to rights of exclusive rep. that would justify curtailing non-exclusive rep.'s free speech rights; p. 3; pp. 7-11, proposed dec. more or view all topics or full text.
2218609/18/78
0073E Santa Ana Unified School District (Lubnau)
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
Employee orgs. other than exclusive rep. may not file or present grievances; p. 6, proposed dec.; no violation where employer refused to allow agent of non-exclusive rep. to represent grievant; pp. 6-7, proposed dec.. more or view all topics or full text.
2220109/25/78
0068E Mt. Diablo Unified School District (Quarrick and O'Brien)
202.6000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Nonexclusive Representatives
Once exclusive rep. certified or recognized, nonexclusive rep. has no right to represent its member in grievances or arbitration; p. 9. more or view all topics or full text.
2217408/21/78