All notes for Subtopic 806.02000 – Internal Union Procedures
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2475E | United Teachers of Los Angeles (Raines, et al) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures The representative has broad discretion to negotiate and modify collectively-bargained terms and conditions of employment but exclusively-represented employees are entitled to notice and some opportunity for input before the representative modifies collectively-bargained rights, so that employees may act to protect their interests. PERB does not require a contract ratification vote or prescribe the particular form of access for employees to communicate their views but the exclusive representative violates the duty of fair representation where it provides no notice of a modification of the collective bargaining agreement and conceals from employees a side letter that substantially affects employee seniority rights. more or view all topics or full text. | 40 | 147 | 02/29/16 |
| 2117H | California Faculty Association (Halcoussis) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures PERB will not interfere with matters of internal union affairs where there was no showing of a substantial impact on the employer-employee relationship so as to give rise to the duty of fair representation. Unfair practice charge against union for failure to allow non-members to cast a vote to determine support for a proposed two-day-a-month furlough program was dismissed. more or view all topics or full text. | 34 | 100 | 06/14/10 |
| 2116H | California Faculty Association (Williams) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures PERB will not interfere with matters of internal union affairs where there was no showing of a substantial impact on the employer-employee relationship so as to give rise to the duty of fair representation. Unfair practice charge against union for failure to allow non-members to cast a vote to determine support for a proposed two-day-a-month furlough program was dismissed. more or view all topics or full text. | 34 | 101 | 06/14/10 |
| 2113M | County of Siskiyou/Siskiyou County Superior Court 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures PERB will not interfere in the internal affairs of a union unless the union’s conduct has a substantial impact on the relationship of unit members to their employer. PERB had no authority to resolve whether affiliation agreement allowed disaffiliation vote or whether imposition of administratorship on local affiliate was proper because petitioning employee organization failed to establish either issue had a significant impact on bargaining unit employees’ relationship with their employer. more or view all topics or full text. | 34 | 95 | 06/07/10 |
| 2089S | California Statewide Law Enforcement Association (Morgan) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures 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). more or view all topics or full text. | 34 | 34 | 12/31/09 |
| 2088S | California Statewide Law Enforcement Association (Edelen and Lewis) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures 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). more or view all topics or full text. | 34 | 33 | 12/31/09 |
| 1885E | Kern High Faculty Association, CTA/NEA (Maaskant) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures The Board will not interfere in the internal affairs of a union unless they have a substantial impact on the relationships of unit members to their employers so as to give rise to a duty of fair representation, or involve retaliations for protected activity. Regarding union officer positions, participation in union elections is an internal union affair. Accordingly, the Board traditionally declines to interfere in union elections unless they substantially impact the member’s relationship with his/her employer. more or view all topics or full text. | 31 | 63 | 02/14/07 |
| 1855H | Coalition of University Employees (Higgins) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures The statutes administered by PERB provide employees with no protected rights in the organization or operation of their exclusive representative unless the internal activities of the employee organization have an impact on the employer-employee relationship. more or view all topics or full text. | 30 | 157 | 08/29/06 |
| 1624E | Antelope Valley College Federation of Teachers (Stryker) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures Similar to the situation in California State Employees Association (Barker & Osuna) (2003) PERB Decision No. 1551-S, the Federation’s removal of Stryker from the negotiating team differs from suspension or dismissal from membership governed by EERA section 3543.1(a). Therefore, the Federation did not interfere with protected rights under EERA. The Federation did not discriminate against Stryker under EERA since removal from the negotiating team is an internal union matter and Stryker provided no facts showing a substantial impact on the employer-employee relationship. more or view all topics or full text. | 28 | 146 | 04/28/04 |
| 1601S | State of California (Department of Personnel Administration) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures Having to negotiate over the procedures for authorizing union leave does not abridge a fundamental union managerial prerogative. It is not an internal union affair because it impacts the employment relationship. more or view all topics or full text. | 28 | 87 | 02/24/04 |
| 1479S | California State Employees Association (Hard, et al.) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures Although PERB will not interfere in internal union matters, there are other matters over which the Legislature has given it the power to act, such as reasonable restrictions over who may join unions and reasonable provisions for the dismissal of members from membership. Charging Party did not provide an adequate showing that participation in rallies, distributing literature, wearing union buttons or t-shirts impacted the employer-employee relationship sufficiently to support a finding of protected activity. more or view all topics or full text. | 26 | 33065 | 05/02/02 |
| 1457E | Capistrano Unified Education Association (La Marca) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures Board will not review internal union matters unless the adverse activities of the Respondent involved in the charge have a substantial impact on the relationship between unit members and their employer. Here, allegations relate to improprieties in an election process designed to elect officials to the union's State Council, and charge essentially challenges the union's internal handling of the election procedures, including ballot distribution and notification of results. Board dismissed charge because it failed to provide facts to explain how these matters have an impact on employee-employer relations. more or view all topics or full text. | 25 | 32106 | 08/20/01 |
| 1304S | California State Employees Association (Hutchinson/Laosantos) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures The statutes administered by PERB provide employees with no protected rights in the organization or operation of their exclusive representative unless the internal activities of the employee organization have an impact on the employer-employee relationship; p. 4. more or view all topics or full text. | 23 | 30028 | 12/11/98 |
| 1126S | California State Employees Association (Hackett, et al.) * * * OVERRULED IN PART by California State Employees Association (Hard, et al.) (1999) PERB Decision No. 1368-S 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures * * * OVERRULED IN PART by California State Employees Association (Hard et al.) (1999) PERB Decision No. 1368-S, p. 28, where the Board held that the Service Employees International Union, Local 99 (Kimmett) (1979) PERB Decision No. 106 principle applies to claims that a union retaliated against or interfered with protected activity. In such claims, other than those challenging a union’s restriction on membership, a charging party employee must show the union’s conduct impacted the employee’s relationship with their employer. * * *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. The filing of written charges and a lawsuit against charging parties is cognizable harm. A person suspended from union membership cannot "participate" in the activities of the union and discriminatory interference with such participation constitutes harm; p. 8, p. 28, proposed dec. more or view all topics or full text. | 20 | 27014 | 12/06/95 |
| 1084E | San Francisco Community College District Federation of Teachers (Kidd and Hendricks) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures Matters concerning internal union affairs are immune from PERB review, unless they have a substantial impact on the relationships of unit members to their employers so as to give rise to a duty of fair representation violation, or involve retaliation for protected activity; p. 2, warning letter. In CSEA (Parisot) (1983) PERB Decision No. 280, the Board adopted the retaliation exception to the general rule that the Board will not inquire into the internal affairs of an employee organization; p. 3. more or view all topics or full text. | 19 | 26052 | 02/21/95 |
| 1064S | California Union of Safety Employees (John) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures PERB is authorized to inquire into the internal activities of an employee organization when it is alleged the organization has imposed reprisals on employees because of their protected activities; p. 14. 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. | 19 | 26004 | 11/01/94 |
| 1014S | California State Employees Association (Garcia) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures The Board will ordinarily not review internal union matters unless the activities involved in the charge "have a substantial impact on the relationship of unit members to their employers." (Service Employees International Union, Local 99 (Kimmett) (1979) PERB Decision No. 106; p. 5. The union's activities in connection with telephone costs, election irregularities, and her suspension were not shown to have a substantial impact on her relationship with her employer; pp. 5-6. more or view all topics or full text. | 17 | 24153 | 09/21/93 |
| 0870E | United Teachers Los Angeles (Malin) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures Board will not intervene in the internal affairs of a union's election procedures except where there is alleged or apparent impact on the employment relationship so as to give rise to a duty of fair representation, or membership has been unreasonably restricted or the union has imposed reprisals on employees because of their exercise of protected activity; p. 10, warning letter. more or view all topics or full text. | 15 | 22053 | 03/01/91 |
| 0755S | California Correctional Peace Officers Association (Colman) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures An ALJ may consider the union's appeals process even though the complaint does not reference such process where a member's charge against the union deals with the process of a fair hearing; p. 2-3. more or view all topics or full text. | 13 | 20160 | 07/25/89 |
| 0726H | California State Employees Association (O'Connell) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures The subject of an internal union procedure will be a violation of the duty of fair representation if there is a knowing misrepresentation of facts concerning the subject in the ratification process and the subject substantially impacts the employment relationship; p. 7. more or view all topics or full text. | 13 | 20066 | 03/21/89 |
| 0693H | California Faculty Association (Hale, et al.) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures Failure to discipline union representative for remarks about the peer review process does not have a substantial impact on employees' relationship with the employer. more or view all topics or full text. | 12 | 19136 | 07/26/88 |
| 0681E | Oxnard Educators Association (Gorcy and Tripp) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures The substantial impact test should be applied to the subject of the conduct in dispute, not the procedure used to raise the subject. more or view all topics or full text. | 12 | 19103 | 06/20/88 |
| 0669E | Chaffey Joint Union High School District (Fikes) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures Agency fee election not an internal union matter. more or view all topics or full text. | 12 | 19082 | 05/31/88 |
| 0616E | United Teachers Los Angeles (Bracey) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures Union's duty of fair representation does not extend to providing the charging party with counsel of her choice. more or view all topics or full text. | 11 | 18071 | 03/27/87 |
| 0612S | American Federation of State, County and Municipal Employees (Cupp) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures Typically, although not necessarily in all cases, the manner in which a union calculates and assesses its dues for members is internal union matter. No breach of DFR where member failed to allege facts reflecting overcharge was result of conduct by union that was arbitrary, discriminatory or in bad faith. more or view all topics or full text. | 11 | 18048 | 02/06/87 |
| 0280E | California School Employees Association-Chapter 381 (Parisot) 806.02000: UNION UNFAIR PRACTICES; DEFENSES; Internal Union Procedures An employee organization's provision permitting suspension of a member engaged in decertification activities is reasonable under 3543.1(a); p. 9. more or view all topics or full text. | 7 | 14058 | 01/31/83 |