Decision 0044E – Mt. Diablo Unified School District/Santa Ana Unified School District/Capistrano Unified School District

SF-CE-88; LA-CE-109, 91

Decision Date: December 30, 1977

Decision Type: PERB Decision

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Perc Vol: 2
Perc Index: 2024

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent

Government Code section 3543.1(a) has no counterpart in the NLRA.

1400.00000 – GENERAL LEGAL PRINCIPLES; AGENCY
1400.03000 – Union Responsibility

In determining whether an individual is a representative or an employee organization for purposes of presenting a grievance, common law principles of agency shall govern. Incidental membership in an employee organization without proof that employee is acting on behalf of the employee organization does not disqualify that individual from representing another employee in a grievance proceeding.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
202.04000 – Agents (See also 1400)

In determining whether an individual is a representative or an employee organization for purposes of presenting a grievance, common law principles of agency shall govern. Incidental membership in an employee organization without proof that employee is acting on behalf of the employee organization does not disqualify that individual from representing another employee in a grievance proceeding.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
202.02000 – Exclusive Representatives

Government Code section 3543.1(a) prevents employee organizations other than the exclusive representative from filing or presenting grievances for employees in the unit. "Employment Relations" used in Govern. Code section 3543.1(a) broad enough to encompass both contractual and noncontractual grievances. Incidental membership in an employee organization without proof that employee is acting on behalf of the employee organization does not disqualify that individual from representing another employee in a grievance proceeding.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
202.06000 – Nonexclusive Representatives

Government Code section 3543.1(a) prevents employee organizations other than the exclusive representative from filing or presenting grievances for employees in the unit. "Employment Relations" used in Govern. Code section 3543.1(a) broad enough to encompass both contractual and noncontractual grievances. Incidental membership in an employee organization without proof that employee is acting on behalf of the employee organization does not disqualify that individual from representing another employee in a grievance proceeding.

1400.00000 – GENERAL LEGAL PRINCIPLES; AGENCY
1400.01000 – In General

In determining whether an individual is a representative or an employee organization for purposes of presenting a grievance, common law principles of agency shall govern. Incidental membership in an employee organization without proof that employee is acting on behalf of the employee organization does not disqualify that individual from representing another employee in a grievance proceeding.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.01000 – In General

Not domination or assistance for employer to misrepresent to employees that only the exclusive representative was entitled to represent employees in grievance proceedings.