All notes for Subtopic 805.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2445E Santa Maria Joint Union High School District
805.1000: UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT; In General
By filing grievances and a PERB charge that aimed to remove an employee from a department chair position, the employee organization did not “attempt” to cause the school district to retaliate against an employee for engaging in protected activity; to establish a violation of EERA section 3543.6, subdivision (a), the school district must demonstrate that if it were to remove the employee from the department chair position, such conduct would constitute an unlawful retaliatory act under Novato and that the employee organization affirmatively caused or consciously attempted to cause the school district to commit the unlawful retaliatory act; where the school district usurped the employee organization’s role in conducting department chair elections, ordered that the name of an employee found ineligible by the employee organization to run in an election for department chair be placed on the ballot, and recognized that employee as the victor in an election that was not sanctioned by the employee organization, the employer failed to satisfy its burden of demonstrating that it was an unwitting tool or mere accomplice in the employee organization’s unlawful retaliatory scheme; instead, the school district was the principal actor that set in motion the circumstances that created the controversy; accordingly, a charge under EERA section 3543.6, subdivision (a) could not stand. more or view all topics or full text.
403807/31/15
1982E Service Employees International Union, Local 221 (Meredith)
805.1000: UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT; In General
To state a prima facie violation of EERA section 3543.6(a), the charge must show how and in what manner the employee organization acted affirmatively to cause or attempt to cause the employer to commit an unfair practice. The charge must also demonstrate a causal connection between the employee organization’s actions and the employer’s unlawful conduct. Charge did not establish that the employer retaliated against the employee for his engagement in protected activity. Charge also failed to establish that the union acted affirmatively to cause or attempt to cause the employer to retaliate against the employee. Even if the union’s filing of grievances against the employee on behalf of his subordinates was a factor in the employee’s rejection on probation, this does not show that the union induced, or attempted to induce, the employer to violate EERA. Nor does the establishment of a prima facie breach of the duty of fair representation also establish that the union caused or attempted to cause the employer to violate EERA. more or view all topics or full text.
3215710/24/08
1918S Union of American Physicians and Dentists (Menaster)
805.1000: UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT; In General
Dills Act § 3519.5 provides that it shall be unlawful for an employee organization to cause or attempt to cause the state to violate Dills Act § 3519. In order to state a prima facie violation, the charging party must allege facts showing how and in what manner the employee organization caused or attempted to cause the State to commit an unfair practice against the employee. Here, the charge does not demonstrate that the State unlawfully retaliated against an employee by defending its position that he was not entitled to receive unemployment insurance benefits because he had resigned. As such, the charge does not demonstrate that the employee’s union steward’s act of submitting a declaration to the Unemployment Appeals Board caused the State to commit an unfair practice against the employee. more or view all topics or full text.
3113508/09/07
1914S Service Employees International Union Local 1000, California State Employees Association (Burnett)
805.1000: UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT; In General
Individual employees lack standing to allege that the employee organization violated the rights of an employer. Therefore, the allegation that the union violated § 3519.5(a) is dismissed. more or view all topics or full text.
3111806/26/07
1460E California School Employees Association, Chapter 258 (Gerber)
805.1000: UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT; In General
Charge failed to show how and in what manner the employee organization induced or attempted to induce employer interference or discrimination by not giving him a service fee deduction form. There is no information showing how denial of the form harmed his rights, plus there was no casual connection to the District established. more or view all topics or full text.
253211009/06/01
1443E Fremont Unified District Teachers Association (Turney)
805.1000: UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT; In General
Previous PERB charges offered as "evidence of previous collusion" insufficient to assist charging party in establishing a prima facie violation of EERA. more or view all topics or full text.
253208306/07/01
1510E Burlingame Elementary School District
805.1000: UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT; In General
Employer’s charge that union committed an unfair practice by representing a confidential employee fails to state a prima facie case. The essence of employer’s charge is a dispute over the composition of a unit. In disputed cases, a unit modification can only be accomplished through PERB’s unit modification procedure. Employer cannot circumvent PERB’s unit modification procedure by bringing an unfair practice charge. more or view all topics or full text.
273002/13/03
1515E Los Rios College Federation of Teachers, Local 2279 (Deglow)
805.1000: UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT; In General
Charging party must demonstrate a union took affirmative action I its attempt to cause an employer to violate EERA. A union’s inaction in representing past grievances does not demonstrate that it caused the employee to discriminate against charging party in future actions. more or view all topics or full text.
274204/03/03
1348E Los Rios College Federation of Teachers (Deglow)
805.1000: UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT; In General
Union's failure to file a grievance is not an affirmative act which is required to demonstrate an attempt to cause an employer to violate the act. more or view all topics or full text.
233016809/29/99
1349E Los Rios College Federation of Teachers (Deglow)
805.1000: UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT; In General
Union's failure to file a grievance is not an affirmative act which is required to demonstrate an attempt to cause an employer to violate the act. more or view all topics or full text.
233016909/29/99
1351E Los Rios College Federation of Teachers (Deglow)
805.1000: UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT; In General
In order to state a violation of EERA section 3543.6(a), it must be clear how and in what manner the federation took affirmative actions in its attempt to cause an employer to violate the EERA. However, the charge fails to provide any facts which demonstrate that the federation took action to encourage or assist the District in discriminating or retaliating against charging party. more or view all topics or full text.
233017109/29/99
1355S California State Employees Association (Hutchinson)
805.1000: UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT; In General
In this case the charge failed to provide sufficient allegations demonstrating that the Association orchestrated or caused the employer to terminate the charging party. There is no direct evidence that the employer's action was in response to a request or demand from the association, and the circumstantial evidence is too weak to support an inference that such occurred; pp. 4-5, warning letter. more or view all topics or full text.
233017710/07/99
0953E California School Employees Association (Kotch)
805.1000: UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT; In General
No prima facie case that exclusive representative caused or attempted to cause school district to commit an unlawful reprisal or unilateral change where (1) no showing that charging party engaged in protected activity; and (2) school district's action was consistent with contractual language; pp. 12-13, warning letter. more or view all topics or full text.
162316310/05/92
0697H American Federation of State, County and Municipal Employees (Waters)
805.1000: UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT; In General
Union's failure to require university to distribute contracts to employees per contract provision does not demonstrate a (d) violation. more or view all topics or full text.
121916309/26/88
0626E Tustin Unified School District
805.1000: UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT; In General
No prima facie case where charge merely accuses union of sending flyer through internal mail system in contravention of Ed. Code. more or view all topics or full text.
111811606/23/87
0054E Hartnell Community College District
805.1000: UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT; In General
Gaining employer's agreement to voluntary recognition prior to scheduled unit determination hearing, after gaining knowledge of competing organization's interest, states prima facie case. more or view all topics or full text.
2211706/05/78