All notes for Subtopic 800.06000 – Other

DecisionDescriptionPERC Vol.PERC IndexDate
2575M Service Employees International Union Local 521 (Garcia)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
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)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
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
2474E Claremont Faculty Association (Lukkarila)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
Respondent violated EERA section 3546.5 because the financial report provided was not “signed and certified as to accuracy by its president, treasurer, or corresponding principal officers.” An unexcused delay in responding to a request for a financial report is analogous to an employer’s unexcused delay in responding to a request for information that is relevant and necessary to an employee organization’s representational duties. Therefore, for the period of time between a request for the report and the delay in providing the signed report, the union was in breach of EERA section 3546.5. Subsequently providing a financial report after the issuance of a complaint, without explanation, does not excuse a violation prior to that date. more or view all topics or full text.
4014602/29/16
2198M Alameda County Management Employees Association (Harper)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
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; an unrepresented employee seeking inclusion in the bargaining unit lacked standing to bring a duty of fair representation charge; the duty of fair representation extends only to bargaining unit employees. more or view all topics or full text.
363808/29/11
2204M Service Employees International Union, Local 1021 (Horan)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
In Lane v. I.O.U.E. Stationary Engineers (1989) 212 Cal.App.3d 164, 169-171 (Lane), the court held that even though a duty of fair representation does not extend to extra-contractual proceedings, a duty “akin” to the duty of fair representation may arise where the union chooses to provide representation; PERB has not adopted this theory as the basis for an unfair practice charge; rather, PERB views Lane as implicating a cause of action that may be prosecuted in state court, but is outside PERB’s jurisdiction. more or view all topics or full text.
365009/23/11
2191S Service Employees International Union, Local 1000 (Gutierrez)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
Charge failed to establish that union’s actions in sending three “uniformed” representatives to meetings regarding adverse action, refusing to pursue appeal of adverse action, and proposing settlement requiring waiver of future legal rights against the state abused its discretion were without a rational basis or devoid of honest judgment. more or view all topics or full text.
361607/19/11
2133E United Faculty of Grossmont-Cuyamaca Community College District (Tarvin)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
The duty of fair representation is limited to contractually-based remedies under the union’s exclusive control and does not extend to extra-contractual proceedings before agencies such as the Department of Fair Employment and Housing or the State Personnel Board. more or view all topics or full text.
3414009/21/10
2157E Rio Teachers Association (Lucas)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
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
2127E Mount Diablo Education Association (Scott)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
Union did not breach its duty of fair representation under “pattern of conduct” theory. Despite its failure to provide employee with grievance responses, appeal one grievance within contractual time limits and appeal another grievance at all, the union’s overall pattern of conduct was one of assistance to the employee. more or view all topics or full text.
3412508/17/10
2087E Santa Ana Educators Association (O'Neil, et al.)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
Charge failed to establish that union’s refusal to allow employees to access employer’s mailboxes for purpose of communicating with members about contract ratification had a significant effect on their employment relationship so as to violate the duty of fair representation. The right of access to employer mailboxes under EERA attaches only to the employee organization, not individual employees. In addition, there is no evidence that charging parties were prevented from communicating to members via alternative communication channels, other than the District’s mailbox system. more or view all topics or full text.
343112/30/09
2095H Coalition of University Employees (Hall)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
Charge failed to establish prima facie case of breach of duty of fair representation because it alleged no facts showing that employee organization’s opposition to reclassification of charging party’s position out of the bargaining unit was arbitrary, discriminatory or in bad faith. Employee organization has a legitimate interest in ensuring bargaining unit work is not removed from unit. Employee organization communicated its reasons for opposing the reclassification to charging party on several occasions. more or view all topics or full text.
344302/04/10
1940M Stationary Engineers Local 39 (Fisher)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
In cases alleging a breach of the duty of fair representation, the six-month statutory limitations period begins to run on the date when the charging party, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely. Charging party knew or should have known more than two months outside the statutory limitations period that further assistance from the Association was unlikely. Accordingly, the charge was untimely filed. more or view all topics or full text.
323601/18/08
1914S Service Employees International Union Local 1000, California State Employees Association (Burnett)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
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
1874E California School Employees Association and Its Chapter 007 (Estacio and Martinez)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
An employee organization’s duty of fair representation does not apply to the handling of an unfair practice charge before PERB. more or view all topics or full text.
313812/29/06
1844E Kern High Faculty Association, CTA/NEA (Maaskant)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
The standard applied in cases involving employer discrimination is appropriate in cases alleging discrimination by an employee organization. Evidence of adverse action is required to support a claim of discrimination. A union’s offer to accommodate an employee’s concerns regarding the rebate of agency fees does not constitute an adverse act. more or view all topics or full text.
3012805/19/06
1808M Bay Area Air Quality Management District Employees Association (Mauriello)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
Arbitration award reinstating employee does not necessarily imply the association acted arbitrarily, discriminatorily or in bad faith in denying representation to employee. more or view all topics or full text.
305201/13/06
1764E United Educators of San Francisco (Banos)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
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
1421S California State Employees Association (Bradford)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
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
1383E Oakland Education Association (McKeel)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
In Lane v. I.U.O.E. Stationary Engineers (1989) 212 Cal.App.3d 164 [260 Cal.Rptr. 634], the court applied a standard of care "akin" to a duty of fair representation only after the union had affirmatively undertaken representation in a forum where representation by the union was not mandatory. PERB has never adopted the Lane theory as a basis for an unfair practice charge, but rather has viewed such a theory as implicating a cause of action in state court rather than a matter within its jurisdiction. This follows logically from the notion that such a breach of duty does not arise out of the union's status as an exclusive representative. Charging Party asserted that, under Lane, where the exclusive representative has voluntarily undertaken to represent members in extra-contractual proceedings, it is obligated to extend the same privilege to non-members. Here the facts of Lane are inapposite. Because the Association in this case withdrew from representation once it was discovered that Charging Party was not eligible for such representation, and where Charging Party was able to obtain private counsel to represent him and did not show that he had been damaged by the actions of the Association, the charge was dismissed. more or view all topics or full text.
243109505/11/00
1533E Orange Unified Education Association and California Teachers Association (Rossman)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
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
1372S Union of American Physicians and Dentists (Schuman)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
Exclusive representative does not have any obligation to notify an employee that a noncontractual remedy exists, and cannot be liable for failing to inform Charging Party of PERB's jurisdiction prior to his filing claim in Small Claims court. more or view all topics or full text.
243105602/17/00
1355S California State Employees Association (Hutchinson)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
To demonstrate that an exclusive representative discriminated against a charging party in violation of Dills Act section 3519.5(b), the charging party must show that: (1) the unit member exercised rights under the Dills Act; (2) the exclusive representative had knowledge of the exercise of those rights; and (3) the exclusive representative imposed or threatened to impose reprisals, discriminated or threatened to discriminate or otherwise interfered with, restrained or coerced the unit member because of the exercise of those rights, citing Novato; pp. 5-6, warning letter. more or view all topics or full text.
233017710/07/99
A270E Davis Teachers Association (Heffner)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
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
1165E Valley of the Moon Teachers Association (McClure)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
While employee has right to present grievances to employer without intervention of exclusive representative, no violation found where exclusive representative refused to provide information to employee's private counsel and grieved the District's recognition of the attorney; p. 2. more or view all topics or full text.
202713308/13/96
1137E Los Rios College Federation of Teachers (Deglow)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
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
1099S California State Employees Association (Fox)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
The union had no obligation to file an unfair practice charge on behalf of the employee against the employer; p. 2, dismissal letter. more or view all topics or full text.
192609105/04/95
1064S California Union of Safety Employees (John)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
In Lane v. I.U.O.E. Stationary Engineers (1989) 212 Cal.App.3d 164 [260 Cal.Rptr. 634], the court applied a standard of care "akin" to a duty of fair representation only after the union had affirmatively undertaken representation in a forum where representation by the union was not mandatory. Because the union in this case did not undertake the charging party's representation before the SPB, a Lane standard of case is inapplicable; pp. 10-11. more or view all topics or full text.
192600411/01/94
1007S California Correctional Peace Officers Association (Kashtanoff)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
No duty under the Dills Act requiring an exclusive representative to represent employees before the State Personnel Board; p. 3, warning letter. more or view all topics or full text.
172413407/29/93
1959E Sacramento City Teachers Association (Franz)
800.6000: UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION; Other
No violation of duty of fair representation where Union did not misrepresent that state mediator was present at Charging Party’s grievance hearing. more or view all topics or full text.
328605/30/08