All notes for Subtopic 806.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2277M Service Employees International Union, Local 221 (Gutierrez)
806.1000: UNION UNFAIR PRACTICES; DEFENSES; In General
A shop steward owes a duty of loyalty to the employee organization as a member but also as a fiduciary by virtue of the leadership position. more or view all topics or full text.
06/29/12
2088S California Statewide Law Enforcement Association (Edelen and Lewis)
806.1000: UNION UNFAIR PRACTICES; DEFENSES; In General
Argument that case was not ripe for review because employees did not request to withdraw from union membership until four months after expiration of contract is rejected. Continued union membership can only be required until 30 days prior to the expiration of the contract, and union was not free to refuse to honor requests to withdraw made after the expiration but prior to the effective date of a successor agreement. more or view all topics or full text.
343312/31/09
1971M City of Torrance
806.1000: UNION UNFAIR PRACTICES; DEFENSES; In General
Employer did not engage in conditional bargaining because it did not condition further bargaining on the union’s acceptance of its proposal that both parties withdraw their unfair practice charges. Further, the employer did not make its mutual withdrawal proposal until after the union had twice refused to bargain and therefore the alleged conditional bargaining could not excuse the refusal to bargain. more or view all topics or full text.
3212608/21/08
1834E Kern High Faculty Association, CTA/NEA (Maaskant)
806.1000: UNION UNFAIR PRACTICES; DEFENSES; In General
It is not a violation for a union to withhold information as long as there are notice and an opportunity to be heard before a collective bargaining agreement becomes final. A union violates its duty if it excludes non-members from voting only if the non-members are left completely uninformed about the status of negotiations or if they are not provided an opportunity to express their viewpoints. (Fontana Teachers Association (1984) PERB Decision No. 416.) A union may exclude non-members from voting as long as the union provides them with an opportunity to communicate their views. (El Centro Elementary Teachers Association (1982) PERB Decision No. 232.) Fee payer non-member who learned of ratification meeting through a friend cannot claim no notice of the meeting because he wasn’t officially notified. more or view all topics or full text.
3010704/10/06
1638H Regents of the University of California
806.1000: UNION UNFAIR PRACTICES; DEFENSES; In General
To determine whether a union has waived its right to engage in a sympathy strike, the Board uses the standard in Children’s Hospital Medical Center v. Nurses Ass’n. Under that standard, a general no-strike clause will not be read to apply to sympathy strikes unless there is extrinsic evidence demonstrating a mutual intent to include such strikes. more or view all topics or full text.
2816206/09/04
1517H Coalition of Unviersity Employees (Buxton)
806.1000: UNION UNFAIR PRACTICES; DEFENSES; In General
A union’s failure to inform an employee of its progress in processing her grievance, its failure to respond to the employer’s request for clarification of the grievance, and its failure to notify the employee of the employer’s ultimate response approaches but does not meet the standard for arbitrariness under state and federal precedent. CUE reasonably understood that arbitration was not available under the expired Collective Bargaining Agreement and is not evidence of breach of the duty of fair representation. more or view all topics or full text.
275104/07/03
1126S California State Employees Association (Hackett, et al.)
806.1000: UNION UNFAIR PRACTICES; DEFENSES; In General
Dills Act section 3515 guarantees employees the right to "participate" in a union which includes dissident activity that falls short of a decertification effort; pp. 4-5. more or view all topics or full text.
202701412/06/95
1064S California Union of Safety Employees (John)
806.1000: UNION UNFAIR PRACTICES; DEFENSES; In General
Certain actions taken by a union may be reasonable where they are motivated by self-preservation rather than retaliation; p. 14. There is a self-preservation exception to the rule which prohibits an employee organization from discriminating or retaliating against an employee for engaging in conduct protected by the Dills Act; p. 15. more or view all topics or full text.
192600411/01/94
0733S California State Employees Association (Parisi)
806.1000: UNION UNFAIR PRACTICES; DEFENSES; In General
Where the union has no duty to represent in a forum with no connection to collective bargaining, here SPB, it may raise the issue in a motion before the ALJ to dismiss which will be treated as a motion for summary judgment; pp. 7-8. more or view all topics or full text.
132009305/03/89
0581E Antioch Unified School District
806.1000: UNION UNFAIR PRACTICES; DEFENSES; In General
Layoff proposals arising during ongoing contract negotiations for new contract is not an initial proposal requiring "sunshining," therefore, employer's failure to sunshine did not excuse union requiring refusal to bargain. more or view all topics or full text.
101713706/30/86
0332E Reed District Teachers Association (Reyes)
806.1000: UNION UNFAIR PRACTICES; DEFENSES; In General
Statute of limitations applies to conduct alleged to violate duty of fair representation. more or view all topics or full text.
71422408/15/83