All notes for Subtopic 801.05500 – Discrimination

DecisionDescriptionPERC Vol.PERC IndexDate
2572M San Bernardino Public Employees Association
801.5500: UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION; Discrimination
Statement that union president intended to file disciplinary charges against employee for perjury was not an adverse action where employee was informed the next working day, through no effort of his own, that union president would not be filing charges. more or view all topics or full text.
43706/21/18
2199M Inlandboatmen's Union of the Pacific (O'Keefe)
801.5500: UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION; Discrimination
Charge failed to establish prima facie case of discrimination/retaliation. Board will not intervene in disputes that involve only the internal union activities of an employee organization unless those activities substantially impact employer-employee relations. Under a retaliation analysis, charge adequately alleged the first two elements that charging party participated in protected activities of filing PERB charges and assisting in prosecution of a co-worker’s PERB charge and that the employee organization had knowledge of those activities. Charge failed to allege facts to establish that either the employee organization’s decision not to pursue charging party’s grievance or its issuance of a letter of reprimand to charging party had an adverse impact on employment for purposes of establishing the adverse action element of a retaliation case. Charge also failed to set forth any facts establishing unlawful motive or nexus. more or view all topics or full text.
363908/29/11
2194E American Federation of Teachers Part-Time Faculty United, Local 6286 (Peavy)
801.5500: UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION; Discrimination
Charge failed to establish that union’s refusal to represent him in his grievance constitutes disparate treatment and therefore discrimination because union handled the grievances of employees. A finding of disparate treatment requires a showing that others have been treated differently for similar or identical conduct or in a similar situation. Charge fails to allege any facts showing that the other grievances arose under similar circumstances and contains no facts concerning the nature of the other employees’ grievances. In addition, employee was not similarly situated because he expressly chose to file a grievance himself and to represent himself in mediation. Therefore, the charge fails to establish that union acted discriminatorily in its handling of his grievance. more or view all topics or full text.
362808/12/11
2069H State Employees Trades Council United (Ventura, et al.)
801.5500: UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION; Discrimination
Charging parties failed to establish a nexus between their decision not to comply with their union’s request that they participate in a demonstration in support of another union and the union’s decision to support a reduction in charging parties’ salaries. more or view all topics or full text.
3316810/05/09