All notes for Subtopic 300.07000 – Minority Demands; Dissident Group; Intraunion Disputes

DecisionDescriptionPERC Vol.PERC IndexDate
1411S California State Employees Association (Hard and Hackett)
300.7000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Minority Demands; Dissident Group; Intraunion Disputes
The underlying CSEA grievance, upon which the unfair practice charge was based, was a purely internal union matter. The Board will not reach the merits of that charge. The proposed decision, insofar as it finds retaliation on the part of CSEA, is reversed; pp. 21-23. more or view all topics or full text.
253200610/10/00
1479S California State Employees Association (Hard, et al.)
300.7000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Minority Demands; Dissident Group; Intraunion Disputes
Charging Party did not provide an adequate showing that participation in rallies, distributing literature, wearing union buttons or t-shirts impacted the employer-employee relationship sufficiently to support a finding of protected activity. more or view all topics or full text.
263306505/02/02
1368S California State Employees Association (Hutchinson)
300.7000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Minority Demands; Dissident Group; Intraunion Disputes
Board expressly reaffirms that the Dills Act does not protect solely internal union participation and activities of employees which do not have a substantial impact on employer-employee relations. The burden of proof is on the charging party to demonstrate the existence of such an impact. To the extent that any language in (California State Employees Association (Hackett, et al.) (1995) PERB Decision No. 1126-S) or other Board decisions, including but not limited to (United Teachers of Los Angeles (Seliga) (1998) PERB Decision No. 1289) and (California State Employees Association (O'Connell) (1989) PERB Decision No. 753-H), can be read as an exception to this policy, those cases are overruled. A lost timer who participated in numerous events that involved a dissident group, but failed to demonstrate that her participation in CDU events impacted employer-employee relations did not engage in protected activity. Charging parties Hard and Hackett, who are State employees on leave of absence from their State positions while serving as full time union activists, failed to present evidence of any impact on employer-employee relations associated with the internal CSEA activity which forms the basis of this dispute. Because they have not met their burden of proof, their conduct was unprotected and their allegations are dismissed. Charging party Reveles, an active CDU participant, has not presented evidence that any of her internal union activities (wearing dissident buttons on t-shirts) had a substantial impact on employer-employee relations. Therefore, that conduct was not protected by the Dills Act, and her unfair practice charge and complaint must be dismissed. more or view all topics or full text.
243103112/21/99
1126S California State Employees Association (Hackett, et al.)
300.7000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Minority Demands; Dissident Group; Intraunion Disputes
Dills Act section 3515 guarantees employees the right to "participate" in a union which includes dissident activity that falls short of a decertification effort; pp. 4-5. more or view all topics or full text.
202701412/06/95
1064S California Union of Safety Employees (John)
300.7000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Minority Demands; Dissident Group; Intraunion Disputes
The charging party participated in protected activity when he attended the meetings of a rival employee organization; pp. 12-13. more or view all topics or full text.
192600411/01/94
1042S California State Employees Association (Rubin)
300.7000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Minority Demands; Dissident Group; Intraunion Disputes
Dills Act does not guarantee an employee organization member the right to conduct a dissident meeting in facilities provided by the employee organization; p. 1, dismissal letter. more or view all topics or full text.
182505603/24/94
0795E Jamestown Elementary School District
300.7000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Minority Demands; Dissident Group; Intraunion Disputes
Evidence of protected activity where employee attended union meetings and expressed support for incumbent union in interunion dispute; p. 18, proposed dec. (Writ summarily denied.) more or view all topics or full text.
142106903/20/90