All notes for Subtopic 800.04000 – Scope of Duty; Internal Union Affairs

DecisionDescriptionPERC Vol.PERC IndexDate
2475E United Teachers of Los Angeles (Raines, et al)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The representative has broad discretion to negotiate and modify collectively-bargained terms and conditions of employment but exclusively-represented employees are entitled to notice and some opportunity for input before the representative modifies collectively-bargained rights, so that employees may act to protect their interests. PERB does not require a contract ratification vote or prescribe the particular form of access for employees to communicate their views but the exclusive representative violates the duty of fair representation where it provides no notice of a modification of the collective bargaining agreement and conceals from employees a side letter that substantially affects employee seniority rights. more or view all topics or full text.
4014702/29/16
2371E National Education Association-Jurupa (Norman)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Union is not obliged by EERA to provide membership benefits such as legal services, and PERB does not have authority to enforce alleged agreements between members and their employee organization to provide such benefits. more or view all topics or full text.
3815604/18/14
2275E Service Employees International Union Local 1021 (Harris)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
There is no duty of fair representation owed to a unit member unless the exclusive representative possesses the exclusive means by which the employee can obtain a particular remedy; where charge alleged that charging party was unable to return to work during a stress leave, the employer was unwilling to accommodate his restrictions and that, as a result, he was placed on the employer’s rehire list instead of being granted a leave of absence, the charge failed to allege that the union possessed the exclusive means by which charging party could obtain a particular remedy or that the union’s conduct was arbitrary, discriminatory or lacking in good faith. more or view all topics or full text.
06/26/12
2256E Barstow College Faculty Association (Cauble)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
In order to state a prima facie violation of the duty of fair representation, a charging party must at a minimum include an assertion of facts from which it becomes apparent in what manner the exclusive representative’s action or inaction was without a rational basis or devoid of honest judgment; the burden is on the charging party to show how an exclusive representative abused its discretion, and not on the exclusive representative to show how it properly exercised discretion; PERB will not review matters concerning internal union affairs unless they have a substantial impact on the relationship of unit members to their employer so as to give rise to the duty of fair representation; where charge alleged that charging party was not given proper notice of an item up for vote on an issue concerning the evaluation of faculty members, that the exclusive representative did not follow its rules relating to quorum and that he was not provided with an opportunity to vote, charge failed to allege how these internal union affairs had a substantial impact on the relationship of employees to their employer so as to give rise to a duty of fair representation. more or view all topics or full text.
3616704/25/12
2204M Service Employees International Union, Local 1021 (Horan)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The duty of fair representation extends only to contractual remedies under the union’s exclusive control; the duty of fair representation does not attach to Skelly hearings because they are extra-contractual proceedings where the union does not possess exclusive control over the means to a particular remedy; where charge alleged that the arbitration followed from a “predecessor Skelly hearing” and did not allege that the union’s representation arose out of an obligation found in the collective bargaining agreement, the charge failed to state sufficient facts, which if proven, would demonstrate that the union owed charging party a duty of fair representation. more or view all topics or full text.
365009/23/11
2198M Alameda County Management Employees Association (Harper)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The charge failed to allege a breach of the duty of fair representation based on union’s agreement to assist charging party at her disciplinary proceedings and recommendation that charging party resolve grievance by taking a severance package; an extra-contractual disciplinary hearing does not give rise to a duty of fair representation charge. more or view all topics or full text.
363808/29/11
2220E California School Employees Association and its Chapter 724 (Walker)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Generally, PERB will not review matters concerning internal union affairs unless they have a substantial impact on the relationship of unit members to their employer so as to give rise to the duty of fair representation. To the extent alleged removal from union job steward position relates to internal union affairs, charge fails to demonstrate that harm or injury was caused to the employer-employee relationship, and fails to establish violation of the duty of fair representation. Allegations concerning failure to allow membership a platform to discuss contract ratification does not contain sufficient detail to demonstrate an unfair practice occurred. more or view all topics or full text.
368411/16/11
2157E Rio Teachers Association (Lucas)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
A violation of EERA section 3546.5 occurs when a union fails to make available to its members the financial report for the immediately preceding fiscal year. To be timely, a charge alleging a violation of section 3546.5 must be filed within six months of when the charging party knew or should have known that the employee organization failed or refused to provide the requested financial report for the immediately preceding fiscal year. Nothing in EERA section 3546.5 specifies that the union has an obligation to keep or make financial reports available to future members on an ongoing basis. more or view all topics or full text.
352701/21/11
2146M International Brotherhood of Electrical Workers, Local 1245 (Gallardo)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
PERB does not have jurisdiction over the internal affairs of an employee organization unless there is evidence of a substantial impact on employer-employee relations. Charging party failed to provide evidence that the union’s refusal to provide a written statement of a grievance meeting had a substantial impact on his relationship with his employer and therefore failed to state a prima facie violation of the duty of fair representation. more or view all topics or full text.
35912/07/10
2080M Service Employees International Union, Local 1021 (Schmidt)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
An exclusive representative owes no duty of fair representation to a unit member, unless the exclusive representative possesses the exclusive means by which such an employee can obtain a particular remedy. The general rule is that when a bargaining unit member is free to represent themselves or hire an attorney to pursue their claim, the union is not bound by the duty of fair representation. This is especially true when the claims involve matters that are extra-contractual or the enforcement of state or federal statutes. more or view all topics or full text.
341211/24/09
2116H California Faculty Association (Williams)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Unfair practice charge against union for failure to allow non-members to cast a vote to determine support for a proposed two-day-a-month furlough program was dismissed. A union may exclude non-members from voting as long as the union provides the employees some opportunity to communicate their views. PERB will not interfere with matters of internal union affairs where there was no showing of a substantial impact on the employer-employee relationship so as to give rise to the duty of fair representation. more or view all topics or full text.
3410106/14/10
2117H California Faculty Association (Halcoussis)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Unfair practice charge against union for failure to allow non-members to cast a vote to determine support for a proposed two-day-a-month furlough program was dismissed. A union may exclude non-members from voting as long as the union provides the employees some opportunity to communicate their views. PERB will not interfere with matters of internal union affairs where there was no showing of a substantial impact on the employer-employee relationship so as to give rise to the duty of fair representation. more or view all topics or full text.
3410006/14/10
2098M Stationary Engineers Local 39
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The charge does not establish that the union’s failure to inform charging party of its bargaining decision, provide union election and grievance procedures to its members, or call a meeting of the union’s general membership, has a substantial impact on the employee-employer relationship. Internal union grievances, elections and membership meetings concern the internal operation of the union. There no facts that demonstrate how the union’s failure to communicate this information to its members has a substantial impact on the employee-employer relationship. more or view all topics or full text.
345202/24/10
2087E Santa Ana Educators Association (O'Neil, et al.)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Charge failed to establish that union violated its duty of fair representation by failing to provide members sufficient time to comment prior to holding a tentative agreement ratification election. Charge failed to demonstrate that the attempted refusal to permit one individual to speak at two informational meetings had a substantial impact on employment relationship with the District so as to violate the duty of fair representation, where employees were provided ample notice of the proposed contracts prior to the ratification vote and charging parties were not prevented from expressing their views by other means. Charge also failed to establish that union’s alleged failure to adhere to its internal rules had a substantial impact on charging parties’ employment relationship, or that any decisions were made without a rational basis or devoid of honest reason. more or view all topics or full text.
343112/30/09
2076M Service Employees International Union Local 1021 (Lam)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Allegation that employee organization failed to notify its local officers of closure of employee’s grievances is an internal union matter not subject to PERB review because charge did not allege that the lack of communication had a substantial impact on the employee’s employment relationship with the employer. more or view all topics or full text.
3318511/04/09
1956M Service Employees International Union Local 1292 (Marriott, et al.)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Under the MMBA, a local union member employee may only challenge the parent union's failure to afford its members the opportunity to vote for or against a consolidation of local unions if the employee can demonstrate that such consolidation had a substantial impact on the employer-employee relationship. In this case, the employee has not alleged facts showing that her relationship with her employer was substantially affected by either SEIU's merger of her local union with other locals or SEIU's alleged failure to allow the employee’s bargaining unit to vote on the merger. more or view all topics or full text.
327805/09/08
2049S Service Employees International Union Local 1000 (Hernandez)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The duty of fair representation is a duty the exclusive representative owes to members of the bargaining unit. That duty does not apply individually to charging party, a suspended union officer. more or view all topics or full text.
3312907/03/09
2012E United Teachers of Los Angeles (Adams)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The union’s refusal to grant Charging Party’s request for a representative other than the one assigned by the union is not a violation. The duty of fair representation does not obligate a union to provide an employee with the representative of his or her choice. The decision assigning a representative is an internal union matter and is not subject to the duty of fair representation. more or view all topics or full text.
335603/13/09
1984S Service Employees International Union Local 1000 (George)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
A union does not owe a duty of fair representation in a forum over which it does not exclusively control the means to a particular remedy. Therefore, objections to a draft settlement agreement for a matter pending before the SPB and allegations that the union failed to adequately represent charging party before the SPB do not demonstrate a breach of the duty of fair representation. more or view all topics or full text.
33210/31/08
1914S Service Employees International Union Local 1000, California State Employees Association (Burnett)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
An exclusive representative does not owe a duty of fair representation to unit members in a forum over which the union does not exclusively control the means to a particular remedy. Since PERB is a forum outside the contract, the union does not owe members a duty of fair representation in proceedings involving PERB. Thus, the union’s refusal to file an unfair practice charge with PERB on an employee’s behalf does not violate the duty of fair representation. more or view all topics or full text.
3111806/26/07
1855H Coalition of University Employees (Higgins)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The statutes administered by PERB provide employees with no protected rights in the organization or operation of their exclusive representative unless the internal activities of the employee organization have an impact on the employer-employee relationship. PERB has traditionally refrained from reviewing the internal affairs of unions. The Board has intervened in the internal affairs of a union when alleged retaliation against the members for their union participation went beyond solely internal union activities or relations and impacted the employment relationship. In this case, the allegation that the charging party was removed from office as statewide president of CUE for the remainder of her term are solely internal union activities and are not protected by HEERA. more or view all topics or full text.
3015708/29/06
1763E California Teachers Association (Radford)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
A union does not owe a duty of fair representation to unit members in a forum over which the union does not exclusively control the means to a particular remedy. Thus, refusing to assist charging party to enforce a provision of the Education Code is not a violation of the duty of fair representation. more or view all topics or full text.
2912304/21/05
1845E Teamsters Local 228 (Cardoso)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Employee organization is not obligated under the duty of fair representation to assist an employee in filing or appealing an unfair practice charge before PERB. more or view all topics or full text.
3012905/19/06
1790S Stationary Engineers Local 39 (Quigley)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
A union does not owe a duty of fair representation to unit members in a forum over which the union does not exclusively control the means to a particular remedy. Thus, refusing to assist charging party in an appeal before the State Personnel Board is not a violation. more or view all topics or full text.
303112/21/05
1774M Service Employees International Union Local 790 (Paez)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
A union does not owe a duty of fair representation to unit members in a forum over which the union does not exclusively control the means to a particular remedy. Thus, refusing to assist charging party at the Civil Service hearing is not a violation. more or view all topics or full text.
2915008/10/05
1781E United Teachers of Los Angeles (Chambers)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Union conduct not arbitrary, discriminatory, or bad faith manner where union abided by the language in the collective bargaining agreement specifically excluding charging party from the unit and filing a grievance. more or view all topics or full text.
30610/27/05
1764E United Educators of San Francisco (Banos)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Obtaining an attorney does not automatically terminate a union’s duty to fairly represent member of unit. more or view all topics or full text.
2912404/21/05
1749S California State Employees Association (Chen)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The duty of fair representation is limited to contractually-based remedies under the union’s exclusive control. The charge does not contain facts showing that a request for reasonable accommodation for a disability is an issue covered by the collective bargaining agreement. Instead the reasonable accommodation request form indicates compliance with the Fair Employment and Housing Act. Even if the duty of fair representation was applicable to this matter, Chen did not show that CSEA’s conduct was arbitrary, discriminatory or in bad faith. more or view all topics or full text.
297402/07/05
1666M Service Employees International Union Local 790 (Lowery)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Failure to represent employee at an unemployment hearing is not within scope of DFR because it is a non-contractual administrative proceeding. more or view all topics or full text.
2823307/27/04
1675M Service Employees International Union Local 616 (Jeffers)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Duty of fair representation applies even where contract allows employee to pursue grievance arbitration on his own without union’s consent. This is because union is the exclusive representative with a corresponding duty to enforce the terms of a contract for bargaining unit members. Such a situation differs from non-contractual based remedies where no duty of fair representation applies. more or view all topics or full text.
2824008/19/04
1677E Service Employees International Union Local 790 (Hein)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
No duty of exclusive representative to not question member at disciplinary action and no duty to represent member in extra contractual forums such as Civil Service Commission and court action under Americans with Disabilities Act. Exclusive representative has no obligation to inform employee of a promotional exam. more or view all topics or full text.
2822108/20/04
1636M Service Employees International Union, Local 790, AFL-CIO (Banks, et al.)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Charging parties alleged that duty of fair representation was violated when union failed to submit certain evidence in a PERB unfair practice proceeding. Even if duty of fair representation existed, Board held that such an allegation fails to demonstrate that union acted without a rational basis or that its actions were devoid of honest judgment. more or view all topics or full text.
2815906/04/04
1523E California School Employees Association (De Lauer)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Providing worker’s compensation forms upon request is not within union’s duty of fair representation. more or view all topics or full text.
277305/13/03
1487E California School Employees Association and its Chapter 77 (Vincelet)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Allegations that union failed to provide adequate representation at internal District administrative personnel hearing and that union failed to notify charging party of PERB’s existence, filing requirements, and deadlines failed to state a prima facie case because duty of fair representation is limited to contractual remedies under union’s exclusive control. more or view all topics or full text.
263309706/28/02
1603E Shasta College Faculty Association (Sloan)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Union’s duty of fair representation only extends to bargaining unit positions. Union not required to represent employee in loss of a position not in the bargaining unit. more or view all topics or full text.
289002/25/04
1554E Chula Vista Elementary Education Association (Abrams)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Charge alleged that union’s removal of its employee representative from Peer and Assistance Review advisory committee violated union’s duty of fair representation. Board dismissed charge because duty of fair representation does not extend to internal union matters such as the union’s selection of its representative to a committee. more or view all topics or full text.
28910/22/03
1550E California School Employees Association and its Chapter 130 (Simpson)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Board dismissed charge alleging that union’s refusal to represent employee in a civil service commission hearing violated the union’s duty of fair representation. Board held that duty of fair representation only applies to proceedings where representation is exclusively provided by the union. Since charging party was free to represent herself before the commission, or hire an attorney to do so, Board held that duty of fair representation was not triggered. more or view all topics or full text.
28510/17/03
1533E Orange Unified Education Association and California Teachers Association (Rossman)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Although exclusive representative may accept direction from CTA hired executive director, CTA is no the exclusive representative for DFR purposes. more or view all topics or full text.
279306/23/03
1515E Los Rios College Federation of Teachers, Local 2279 (Deglow)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Union does not owe a duty to unit members to file unfair practice charges with PERB. more or view all topics or full text.
274204/03/03
1494E Oxnard Federation of Teachers (Torres)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The Federation’s failure to represent Torres in his Civil Code claims was not discriminatory. The Federation does not owe Torres a duty to represent him in non-contractual administrative matters or judicial actions such as civil rights violations and Education Code violations. more or view all topics or full text.
263310707/31/02
1444E California School Employees Association (Garcia)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Allegations that Union failed to represent Charging Party before the Equal Employment Opportunity Commission and in the District's internal complaint procedure fail to state a prima facie case of a breach of the duty of fair representation as the duty of fair representation is limited to contractually based remedies under the Union's exclusive control. As neither the EEOC matter nor the District's internal complaint procedure were within the Union's exclusive control, the Union owes no duty of fair representation in those matters. more or view all topics or full text.
253208406/07/01
1422E Capistrano Unified Education Association, CTA/NEA (La Marca)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Duty of fair representation is limited to contractually-based remedies under the union's exclusive control. Union not obligated to assist employee with matters before the State Commission on Teacher Credentialing nor with a law suit against a former school district employer. more or view all topics or full text.
253204102/26/01
1421S California State Employees Association (Bradford)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Duty of fair representation does not extend to extra-contractual matters of appeal from Rejection During Probation before the State Personnel Board or reasonable accommodation appeal to State Personnel Board. Duty of fair representation does not require Union to provide information relating to expenses associated with various types of litigation it may have engaged in against a particular appointing authority. more or view all topics or full text.
253204002/26/01
1415E California School Employees Association, Chapter 296 (Morrison)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Union's failure to inform charging party of possibility of filing grievance regarding disciplinary action at the informal stage of investigation into allegations of misconduct, prior to commencement of the formal procedures contained in the parties collective bargaining agreement, did not violate the duty of fair representation. It was not clear that a grievance could be filed regarding the disciplinary action. more or view all topics or full text.
253202012/07/00
1387E San Bernardino Teachers Association. CTA/NEA (Cooksey)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Union's duty of fair representation is limited to contractually based remedies under the union's exclusive control. Charge did not contain facts to indicate that the exclusive representative possesses exclusive control over enforcement of settlement agreement which was negotiated on charging party's behalf, or of proceedings before Commission on Teacher Credentialing. Although a union has the right to file a lawsuit on behalf of its members under Government Code section 3543.8, such does not bring such lawsuits within the duty of fair representation. The duty is limited to contract based remedies. Where the contract does not contain a provision allowing a grievance alleging violation of a settlement agreement, union did not violate its DFR by not filing grievance. more or view all topics or full text.
243109905/18/00
1358E Los Angeles County Education Association, CTA/NEA (Burton)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
A union has no duty to notify its members of impending visits by the employer, or of impending bad news. more or view all topics or full text.
243100210/27/99
1382S International Union of Operating Engineers, Local 501, AFL-CIO (Huff)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Allegations regarding union's failure to represent Charging Party at investigatory interviews. The investigative forum was apparently unconnected with any aspect of negotiation or administration of a collective bargaining agreement, and the exclusive representative did not exclusively control the means to the particular remedy. The allegations thus fell outside of IUOE's duty of fair representation under the Dills Act. Allegation regarding claims of wrongful dismissal, retaliation, and involuntary resignation on another part time job were either issues for another, extracontractual forum, or were unconnected with any aspect of negotiation or administration of a collective bargaining agreement, and also fell outside of IUOE's duty of fair representation. more or view all topics or full text.
243108705/02/00
1383E Oakland Education Association (McKeel)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The Association was under no obligation to represent Charging Party following his dismissal for use of a controlled substance, in that such a proceeding was not covered under the bargaining relationship. The duty of fair representation upon which Charging Party relies attaches to proceedings encompassed within the EERA; it does not extend to proceedings which originated under the Education Code. more or view all topics or full text.
243109505/11/00
A270E Davis Teachers Association (Heffner)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
An exclusive representative does not violate the duty of fair representation by refusing to represent a unit memeber who seeks vindication of rights in a non-contractual administrative or judicial forum not controlled by the exclusive representative such as under the Education Code; p. 7, 8, ALJ's order. The national affiliate of an exclusive representative does not become an exclusive representative through affiliation with a local chapter; p. 7, ALJ's order. more or view all topics or full text.
202700211/07/95
1304S California State Employees Association (Hutchinson/Laosantos)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The statutes administered by PERB provide employees with no protected rights in the organization or operation of their exclusive representative unless the internal activities of the employee organization have an impact on the employer-employee relationship; p. 4. PERB has traditionally refrained from reviewing the internal affairs of unions; p. 3, partial warning letter. The Board has intervened in the internal affairs of a union when alleged retaliation against the members for their union participation went beyond solely internal union activities or relations and impacted the employment relationship; p. 5. In this case, the general allegations of abuse and coercion of members including costliness of current bargaining strategy, systematic emotional abuse of dissidents, writing slanderous articles and including costliness of current bargaining strategy, systematic emotional abuse of dissidents, writing slanderous articles and relating to restrictions on employee's membership so these solely internal union activities or relations are not protected by the Dills Act; p. 7. The Board reviews internal union affairs to consider the reasonablenes of a union's membership restrictions or dismissals consistent with Dills Act section 3515.5; p. 5. more or view all topics or full text.
233002812/11/98
1306E Service Employees International Union, Local 99 (Cooke)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
A union's duty of fair representation is limited to contractually based remedies under the union's exclusive control; p. 4, warning letter. The union is not obligated to represent its bargaining unit members in a forum where employees can represent themselves and are entitled to a hearing pursuant to district regulations, rather than through a collective bargaining agreement. Thus, refusing to assist charging party in this forum is not a violation of the EERA; p. 4, warning letter. more or view all topics or full text.
233004401/14/99
1302E Coachella Valley Federation of Teachers, California Federation of Teachers/American Federation of Teachers (Kok)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Exclusive representative's obligation unclear where employee never asked for union to do anything; pp. 7-8, warning letter. more or view all topics or full text.
233002612/11/98
1288S California Association of Professional Scientists (Opong-Mensah)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Union does not owe a duty of fair representation to a unit member in a forum over which the union does not exclusively control the means to a particular remedy such as a Coleman hearing or in Superior Court; p. 2, warning letter; p. 1, dismissal letter. more or view all topics or full text.
222917010/01/98
1289E United Teachers of Los Angeles (Seliga)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Failure to set aside Chapter Chair election is a purely internal union affair which does not have a substantial impact on the employment relationship and does not give rise to duty of fair representation; the fact that employee's principal felt free to intimidate her as a result of union's decision does not demonstrate impact; p. 6, dismissal letter. more or view all topics or full text.
222917110/08/98
1193E Berkeley Federation of Teachers (Lavan)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Duty of fair representation is limited to contractually based remedies under respondent's exclusive control. Union not obligated to represent employee bringing DFEH/discrimination charge; p. 2, dismissal letter. more or view all topics or full text.
212808804/29/97
1162E California School Employees Association (Davison)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The duty of fair representation does not extend to strictly internal union matters which do not substantially impact the relationship between the employee and the employer such as improper committee assignments and protocol; p. 2, warning letter. more or view all topics or full text.
202711906/26/96
1147E Mt. San Jacinto College Faculty Association (Vasek)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Duty of fair representation does not require an exclusive representative to advise an employee accurately concerning rights and duties pertaining to the exercise of legal remedies outside of the collective bargaining agreement including the existence of EERA and PERB; p. 2, warning letter. more or view all topics or full text.
202706403/15/96
1140E Los Rios College Federation of Teachers (Deglow)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Articles in the union newspaper about an employees' grievances and charges against the union do not have a substantial impact on unit members to the employer, they are relationship internal union affairs which are largely immune from scrutiny under the duty of fair representation analysis (citations); p. 2, warning letter. more or view all topics or full text.
202704702/27/96
1142E Los Rios College Federation of Teachers (Lowman)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Union statements published in the union newspaper that do not appear to have a substantial impact on the charging party's relationship with his employer, do not state a prima facie violation of the duty of fair representation; p. 1, warning letter. Speech activity by the union is accorded generous protection so long as it is related to matters of legitimate concern; the expression of views or opinion does not evidence an unfair practice unless there is a threat of reprisal or promise of benefit; p. 2, warning letter. more or view all topics or full text.
202705802/29/96
1132E American Federation of Teachers College Staff Guild, Local 1521 (Mrvichin)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The personnel commission and its rules are outside the collective bargaining process and the exclusive representative does not possess the exclusive means by which an employee can obtain a particular remedy. The exclusive representative, therefore, had no duty to represent the employee before the personnel commission; p. 16, proposed dec. The exclusive representative may withdraw from representation if it feels that its client is not following its advice and acting independently in a manner which undermines that representation process. This is not arbitrary, discriminatory or bad faith conduct. Correspondingly, an employee may terminate his relationship with the exclusive representative if he feels that it is not acting in his best interest. interest. more or view all topics or full text.
202702701/11/96
1133E Los Rios College Federation of Teachers (Deglow)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The exclusive representative owes no duty of fair representation in matters which occurred before it became the exclusive representative; p. 20, proposed dec. more or view all topics or full text.
202702901/19/96
1137E Los Rios College Federation of Teachers (Deglow)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Union statements published in the union newspaper that do not appear to have a substantial impact on the charging party's relationship with her employer, do not state a prima facie violation of the duty of fair representation; p. 1, warning letter. Speech activity by the union is accorded generous protection so long as it is related to matters of legitimate concern; p. 2, warning letter. The expression of views or opinion does not evidence an unfair practice unless there is a threat of reprisal or promise of benefit; p. 2, warning letter. more or view all topics or full text.
202704202/01/96
1118E Alum Rock Education Association (Kirkaldie)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The Association's duty of fair representation does not impose a duty to file lawsuits, but is limited to enforcing provisions of the collective bargaining agreement; p. 2, dismissal letter. more or view all topics or full text.
192614310/04/95
1084E San Francisco Community College District Federation of Teachers (Kidd and Hendricks)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Matters concerning internal union affairs are immune from PERB review, unless they have a substantial impact on the relationships of unit members to their employers so as to give rise to a duty of fair representation violation, or involve retaliation for protected activity; p. 2, warning letter. In CSEA (Parisot) (1983) PERB Decision No. 280, the Board adopted the retaliation exception to the general rule that the Board will not inquire into the internal affairs of an employee organization; p. 3. more or view all topics or full text.
192605202/21/95
1064S California Union of Safety Employees (John)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The union did not violate the duty of fair representation when it refused to represent the charging party before the State Personnel Board because it had no obligation to represent him in that forum; pp. 9-10. No duty owed unless exclusive representative posses the exclusive means by which an employee can obtain a particular remedy. more or view all topics or full text.
192600411/01/94
1014S California State Employees Association (Garcia)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The Board will ordinarily not review internal union matters unless the activities involved in the charge "have a substantial impact on the relationship of unit members to their employers." (Service Employees International Union, Local 99 (Kimmett) (1979) PERB Decision No. 106; p. 5. The union's activities in connection with telephone costs, election irregularities, and her suspension were not shown to have a substantial impact on her relationship with her employer; pp. 5-6. more or view all topics or full text.
172415309/21/93
1012S California State Employees Association (Hackett)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The duty of fair representation extends only to union activities that have a substantial impact on the relationship of the unit members to their employer. Charging party failed to demonstrate that the union's internal activities concerning the ratification process had a substantial impact on the relationship of unit members to their employer; p. 3, warning letter. A union is allowed substantial leeway in its internal procedures for developing negotiations strategy, selection of a negotiating team and final contract ratification; pp. 4-5, warning letter. more or view all topics or full text.
172415109/08/93
0969S California State Employees Association (Mitchell)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
DFR extends only to union activities that have a substantial impact on the relationships of unit members to their employers and does not apply to those activities which do not directly involve the employer or which are strictly internal union matters; p. 6, warning letter; p. 5, dismissal letter. Charging party has no right to the information requested from the union, and the union has no duty to provide the requested information; p. 5, dismissal letter. more or view all topics or full text.
172403802/04/93
0959S California State Employees Association (Finch)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Duty of fair representation does not extend to extra-contractual hearings such as SPB hearings. Duty is limited to contractually based remedies under the employee organizations exclusive control; p. 3, dismissal letter. more or view all topics or full text.
172400211/20/92
0897E Los Rios College Federation of Teachers, California Federation of Teachers/American Federation of Teachers/Local 2279 (Deglow, et al.)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
As exclusive representative's decision to refund agency fees to one nonmember is an internal union matter which does not have a substantial impact on the relationship of unit members to the employer, there was no violation of the duty of fair representation; p. 3, warning letter. Duty of fair representation does not apply to internal union activities that do not have a substantial impact on the relationship of unit members to their employer; p. 3, warning letter. more or view all topics or full text.
152213708/29/91
0898E California School Employees Association (Lohmann)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
CSEA does not owe a duty of fair representation in pursuit of charging party's merit system rules complaint, since CSEA does not control the exclusive means to obtain a remedy in this matter. This procedure is independent of and wholly outside the grievance procedure in the agreement between CSEA and the District; p. 9, warning letter. Even if the exclusive representative promised to appear at a hearing and then fails to attend, without facts showing that the failure to attend was motivated by bad faith, arbitrary conduct or capriciousness, no prima facie case is stated; p. 2. An exclusive representative has no duty to represent a unit member in a matter outside the scope of representation. A duty of fair representation does not subsequently arise when the exclusive represenative undertakes to assist a unit member in a matter outside the scope of representation; pp. 2-3. represenative undertakes to assist a unit member in a matter outside the scope of representation; pp. 2-3. more or view all topics or full text.
152213808/30/91
0878S California Association of Highway Patrolmen (Burks)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
No duty of fair representation where the Association failed or refused to assist charging party with a civil lawsuit and the action did not arise out of a collective bargaining obligation. more or view all topics or full text.
152208405/16/91
0870E United Teachers Los Angeles (Malin)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Board will not intervene in the internal affairs of a union's election procedures except where there is alleged or apparent impact on the employment relationship so as to give rise to a duty of fair representation, or membership has been unreasonably restricted or the union has imposed reprisals on employees because of their exercise of protected activity; p. 10, warning letter. more or view all topics or full text.
152205303/01/91
0819S California State Employees Association (Miller)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Failure to show that maintenance of membership requirements in collective bargaining agreement had a substantial impact on the employment relationship will result in Board denying complaint issuance on violation of duty of fair representation; p. 3. more or view all topics or full text.
142113106/25/90
0760S Professional Engineers in California Government (Lopez)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Duty does not extent to representation at Skelly hearing; Duty limited to contractually-based remedies under the union's exclusive control. more or view all topics or full text.
132019009/13/89
0753H California State Employees Association (O'Connell)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Kimmett's substantial impact test to review the internal affairs of a union applies only when a DFR issue is raised. Pursuant to HEERA section 3571.1, internal union activities may be reviewed when allegations of reprisal by the union are present, regardless of whether the union's retaliation has a substantial impact on the relationship of unit members to their employers; p. 9. [Limits holding of Rio Hondo College Faculty Association (Furriel) (1986) PERB Decision No. 583, p. 7] more or view all topics or full text.
132014906/30/89
0733S California State Employees Association (Parisi)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
CSEA had no duty to represent an employee in a forum that has no connection with collective bargaining, here the SPB; p. 8. more or view all topics or full text.
132009305/03/89
0726H California State Employees Association (O'Connell)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The exclusive representative's knowing misrepresentation of a fact that has a substantial impact on the relationship of the employer and the unit members during the contract ratification process is a violation of the duty of fair representation. A breach of the duty will not be found where the exclusive representative is guilty of mere negligence or poor judgment; pp. 7-8. more or view all topics or full text.
132006603/21/89
0698H California Faculty Association (Pomerantsev)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
No duty owed unless union possesses exclusive means by which the employee can obtain a particular relief. more or view all topics or full text.
121916409/26/88
0693H California Faculty Association (Hale, et al.)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Failure to discipline union representative for remarks about the peer review process does not have a substantial impact on employees' relationship with the employer. more or view all topics or full text.
121913607/26/88
0681E Oxnard Educators Association (Gorcy and Tripp)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The substantial impact test should be applied to the subject of the conduct in dispute, not the procedure used to raise the subject. more or view all topics or full text.
121910306/20/88
0683S American Federation of State, County and Municipal Employees, Local 2620 (Moore)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Duty does not extend to the pursuit of extra-contractual remedies such as appeals to the SPB. No duty to pursue extra-contractual remedy even though union initially takes the case voluntarily. Duty owed to client by union representative is not one of attorney to client, nor does union rep necessarily violate DFR by failing to perform at the level of a competent attorney. Inquiry in DFR is whether Association had a rational, non-arbitrary, good faith basis for decision, not whether it was correct. more or view all topics or full text.
121910506/20/88
0657S California Correctional Peace Officers Association (Pacillas)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
An exclusive representative's duty of fair representation under Dills Act does not extend to extra-contractual matters before the State Personnel Board and any alleged conduct by respondent with respect to matters before the SPB could not constitute breach of that duty. more or view all topics or full text.
121902712/31/87
0658E Berkeley Federation of Teachers, Local 1078, AFL-CI0 (Moore)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The union is not required by EERA to represent charging party in her effort to secure a contract under the Education Code, and the union's failure to represent her in matters outside the collective bargaining setting are not EERA violations. more or view all topics or full text.
121904302/22/88
0660E California School Employees Association (Mrvichin)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The exclusive representative has no duty of fair representation to provide assistance for an individually filed unfair practice charge with PERB since the EERA does not provide to employee organizations the exclusive right of filing charges. Exclusive representative has no duty under EERA to represent employees in cases (here, in charge filed by individual with PERB) involving extra-contractual remedies. Exclusive representative's duty of fair representation does not require representation to be "satisfactory." more or view all topics or full text.
121905104/01/88
0661E California School Employees Association (Mrvichin)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
No obligation to represent unit in extra-contractual matters not under union's exclusive control. more or view all topics or full text.
121905204/01/88
0616E United Teachers Los Angeles (Bracey)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Union's duty of fair representation does not extend to providing the charging party with counsel of her choice. more or view all topics or full text.
111807103/27/87
0612S American Federation of State, County and Municipal Employees (Cupp)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Typically, although not necessarily in all cases, the manner in which a union calculates and assesses its dues for members is internal union matter. No breach of DFR where member failed to allege facts reflecting overcharge was result of conduct by union that was arbitrary, discriminatory or in bad faith. more or view all topics or full text.
111804802/06/87
0583E Rio Hondo College Faculty Association (Furriel)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
No breach of duty where union failed to select non-member to sit on joint labor-management committee which passes on sabbatical leave requests. more or view all topics or full text.
101714507/30/86
0545S California State Employees Association (Lemmons and Lund)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
No duty to represent employee before SPB or courts; decertification as job steward does not implicate DFR. more or view all topics or full text.
101701712/13/85
0546S California State Employees Association (Darzins)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Union has no duty to pursue SPB ruling to court appeal. more or view all topics or full text.
101701812/13/85
1219E Service Employees International Union, Local 99 (Wardlaw)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The duty of fair representation does not extend to extra-contractual forums such as Skelly hearings, even if the union undertakes inadequate representation in such a forum. (Los Angeles Unified School District (1994) PERB Decision No. 1061; Los Angeles City and County School Employees Union, Local 99 (Morgan) (1987) PERB Decision No. 645.) more or view all topics or full text.
212815809/24/97
0508E California School Employees Association-Chapter 616 (Tornetta)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Dismissal upheld in fair representation case; charging party alleged union failed to properly negotiate salary step raise for her; insufficient facts where charging party received 3 step increase, more than all but 2 classifications. Union has no obligation to inform individual members of status of each particular proposal affecting them during negotiations. more or view all topics or full text.
91615406/21/85
0509E Compton Education Association (Sanders)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Failure to state prima facie case where allegations are that union failed to take pre-negotiation vote on benefit plan; no contractual/ by-law procedure for such vote; mere internal union affairs not basis for DFR breach. more or view all topics or full text.
91615506/21/85
0442E California School Employees Association-Chapter 318 (Harmening)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Duty of fair representation applies only in union's representational relationships. It does not apply to union's internal procedure for the recall of a chapter president. R.A. dismissal upheld. more or view all topics or full text.
91600611/29/84
0451S California State Employees Association (Norgard)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Duty of fair representation applies to union's internal affairs only on a showing that the internal activity would have a substantial impact on employees' relationship with their employer. Allegation of DFR violation because of affiliation of an independent union with an international AFL-CIO union is insufficient to state prima facie case. more or view all topics or full text.
91601812/07/84
0416E Fontana Teachers Association (Alexander, et al.)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
No prima facie case in allegation that exclusive representative refused to permit non-members to vote in contract ratification. Internal union activities can violate the DFR only where they substantially impact the relationship between unit members and the employer and the non-members have not been granted notice and opportunity to share their views. more or view all topics or full text.
81519010/16/84
0341E Service Employees International Union (Scates) (Pitts)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Use of service fees for legal services in defending union on charge of breach of duty of fair representation is proper in absence of frivolous or bad faith defense. more or view all topics or full text.
71423908/29/83
0342E California School Employees Association (Dyer)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Where employee organization filed superior court action and court deferred to administrative exhaustion, and charging party had withdrawn unfair practice charge, refusal to appeal superior court action is not per se, a discriminatory, bad faith decision made without a rational basis or devoid of honest judgment or a breach of the duty of fair representation. more or view all topics or full text.
71424209/02/83
0342Ea California School Employees Association (Dyer)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Employee organizations advise to pursue Education code violation through courts not a breach of duty of fair representation where there was pending charge before PERB. Union's taking calculated risk court might defer on exhaustion of administrative preemption where emerging precedent, is not evidence of negligent failure to perform a ministerial act, or demonstrate discriminatory, or bad faith conduct. more or view all topics or full text.
81508605/22/84
0203E Service Employees International Union, Local 99 (Pottorff)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
An exclusive representative's duty of fair representation is not extinguished by the appearance of a question concerning representation (here, filing of a valid decertification petition). Rather, it is terminated only after PERB certifies results of decertification election; pp. 2-3. Withdrawal of decertification election objections by incumbent union is not a per se violation of the duty of fair representation and, it is permissible for an organization to relinquish its representation status if the evidence fails to establish that, in doing so, it acted arbitrarily, capriciously or in bad faith; p. 5. more or view all topics or full text.
61307903/30/82
1005S California State Employees Association (Roberts)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
A prima facie case was not stated in the allegations that (1) the Association violated its duty of fair representation by removing Roberts from her office in the District Labor Council 789; (2) decertifying her as steward and (3) by failing to hold hearings against other union officials on charges that Roberts filed against them. The facts refer to activities which are internal union affairs; p. 2, dismissal letter, re PERB intervention in internal union affairs. more or view all topics or full text.
172411806/25/93
0992E Los Rios California Federation of Teachers (Deglow)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
The duty of fair representation does not extend to a forum which has no connection to collective bargaining, such as where an employee has the right to appear, or a forum which involves an individual right unconnected to negotiating or administering a collective bargaining agreement; p. 3, warning letter. more or view all topics or full text.
172408504/27/93
0979S California State Employees Association (Hackett, et al.)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
A prima facie case was not stated in the allegations that (1) certain members were temporarily suspended from membership; and (2) two BUNC members were refused the right to run for a union office because of their suspended status. The facts were insufficient in the charge to demonstrate a nexus between the protected activity and the adverse actions. See warning letter pp. 3-5 re PERB intervention in internal union affairs. more or view all topics or full text.
172405303/10/93
0980S California State Employees Association (Cohen)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Union has no duty under the Dills Act to accurately advise an employee concerning rights and duties pertaining to the exercise of legal remedies outside the collective bargaining agreement; p. 6, warning letter. PERB has no jurisdiction where union promised to represent an employee before the State Personnel Board or other state agencies, and then negligently forfeited charging party's rights. Any recourse would be before the courts; p. 6, warning letter. more or view all topics or full text.
172405403/12/93
0106E Service Employees International Union, Local 99 (Kimmett)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Exclusive rep has duty to represent all employees in the unit fairly in meeting and negotiating, consulting on educational objectives and administering the written agreement; pp. 8-9. Only such activities that have a substantial impact on the relationships of unit members to their employer are subject to the duty; pp. 8-9. Choice of general meeting times does not itself have a great impact on the employee organization's ability to represent all of its members; p. 11. DFR does not include a duty to hold on-site meetings with unit members to discuss progress of negotiations; p. 11. DFR does not include a duty to hold on-site meetings with unit members to discuss progress of negotiations; p. 11. members of the negotiating team; p. 12. more or view all topics or full text.
31013410/19/79
0925E California School Employees Association (LaFountain)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
No duty owed where union doesn't control the exclusive means to obtain a remedy, such as appeals to the county, U.S. Department of Labor or EDD. more or view all topics or full text.
162304903/10/92
0923E California School Employees Association (Professional School Bus Drivers Association)
800.4000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Scope of Duty; Internal Union Affairs
Duty of fair representation does not extend to the enforcement of rights under the Education Code; p. 2, warning letter. more or view all topics or full text.
162303802/19/92