All notes for Subtopic 801.02000 – Employee Right to Refrain from Union Activities

DecisionDescriptionPERC Vol.PERC IndexDate
2088S California Statewide Law Enforcement Association (Edelen and Lewis)
801.2000: UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION; Employee Right to Refrain from Union Activities
Notwithstanding a “maintenance of membership” clause permitting employees to withdraw from union membership only during the last 30 days before expiration of the contract, union members were entitled to withdraw from membership after expiration of the contract but before the parties entered into a successor agreement. By requiring the parties to continue to abide by the terms of the expired agreement until a new agreement or impasse is reached, Dills Act section 3517.8 effectively imposes the existing contractual terms on the parties on a day-to-day basis. Accordingly, by refusing to honor members’ requests to withdraw from membership after expiration of a collective bargaining agreement, the union violated their rights under Dills Act sections 3513(i), 3515 and 3519.5(b). Additionally, while motive is an element of discrimination or retaliation, motive or intent is not an issue in interference cases, and the charging party “need only make a prima facie showing that the respondent's conduct tends to or does result in harm to employee rights.” more or view all topics or full text.
343312/31/09
2089S California Statewide Law Enforcement Association (Morgan)
801.2000: UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION; Employee Right to Refrain from Union Activities
Notwithstanding a “maintenance of membership” clause permitting employees to withdraw from union membership only during the last 30 days before expiration of the contract, union member was entitled to withdraw from membership after expiration of the contract but before the parties entered into a successor agreement. By requiring the parties to continue to abide by the terms of the expired agreement until a new agreement or impasse is reached, Dills Act Section 3517.8 effectively imposes the existing contractual terms on the parties on a day-to-day basis. Accordingly, by refusing to honor member’s requests to withdraw from membership after expiration of a collective bargaining agreement, the union violated her rights under Dills Act sections 3513(i), 3515 and 3519.5(b). Additionally, while motive is an element of discrimination or retaliation, motive or intent is not an issue in interference cases, and the charging party “need only make a prima facie showing that the respondent's conduct tends to or does result in harm to employee rights.” more or view all topics or full text.
343412/31/09
2069H State Employees Trades Council United (Ventura, et al.)
801.2000: UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION; Employee Right to Refrain from Union Activities
Charging parties failed to establish that they engaged in protected activity by refusing to comply with union’s request that they participate in a demonstration in support of another union, where the charge failed to allege any facts showing that they ever affirmatively declined to participate in the demonstration. Even if they did, charging parties failed to establish that union was aware of their decision. To prove the knowledge element of the prima facie retaliation case, charging parties must establish "actual knowledge," meaning that the relevant individual or entity actually knew of the fact in question or was otherwise "clearly informed" of that fact. more or view all topics or full text.
3316810/05/09
1580M Oxnard Harbor District
801.2000: UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION; Employee Right to Refrain from Union Activities
District challenged the legality of a union threatening to fine its members for failing to honor a picket line or call to strike. Under the NLRA, a union is free to enforce a properly adopted rule which reflects a legitimate business interest, impairs no policy Congress has imbedded in the labor laws, and is reasonably enforced against union members who are free to leave a union and escape the rule. Applying these criteria, the NLRB has held that a union did not violate the NLRA by threatening to fine members who failed to engage in a sympathy strike if the strike did not violate the union’s collective bargaining agreement with the employer. more or view all topics or full text.
285601/09/04
0819S California State Employees Association (Miller)
801.2000: UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION; Employee Right to Refrain from Union Activities
Union's refusal to accept a withdrawal from membership under a maintenance of membership provision in the collective bargaining agreement is not by itself a violation of duty of fair representation or discrimination; p. 3. more or view all topics or full text.
142113106/25/90
0802E San Ramon Valley Education Association CTA/NEA (Abbot/Cameron)
801.2000: UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION; Employee Right to Refrain from Union Activities
Union's failure to provide adequate agency fee collection procedures, as required by Hudson, is a violation of EERA section 3543.6(b); p. 35. more or view all topics or full text.
142107503/29/90
0604S California State Employees Association (Fry)
801.2000: UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION; Employee Right to Refrain from Union Activities
Extension of a contract on a day-to-day basis does not bar the resignation of a member where the contract allows resignations within the last 30 days of the contract; p. 3. more or view all topics or full text.
111802312/30/86
0436E Fremont Unified District Teachers Association, CTA/NEA (Halligan, et al.)
801.2000: UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION; Employee Right to Refrain from Union Activities
Allegation that exclusive representative negotiated retroactive deduction of agency fee without employee authorization does not state a prima facie allegation of interference. Employee right not to participate in activities of employee organization not violated by retroactive agency fee agreement between the employer and representative. R.A. dismissal upheld. more or view all topics or full text.
81522511/21/84
0222E San Francisco Federation of Teachers (Hagopian)
801.2000: UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION; Employee Right to Refrain from Union Activities
Union policy requiring nonmembers to pay share of arbitration costs or the equivalent of annual dues (whichever is less) as precondition to moving a grievance to arbitration, breaches duty of fair representation where: members were not required to make such payment and the union had the exclusive right under contract to appeal grievance to arbitration. Conditioning representation of nonmembers upon payment of cost also unlawfully discriminates, interferes with, etc., nonmembers in exercise of right to participate in employee organization; pp. 5-8. more or view all topics or full text.
61315906/30/82
0208E Fresno Unified School District
801.2000: UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION; Employee Right to Refrain from Union Activities
Absent an atmosphere of intimidation and violence, mere namecalling, abusive or vulgar language, and photographing and taking of license numbers did not interfere with nonstrikers exercising their right to refrain from participating in the activities of the Association; pp. 12-14. more or view all topics or full text.
61311004/30/82