Decision 0222E – San Francisco Federation of Teachers (Hagopian)

SF-CO-70

Decision Date: June 30, 1982

Decision Type: PERB Decision

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Perc Vol: 6
Perc Index: 13159

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

Union policy requiring nonmembers to pay share of arbitration costs or the equivalent of annual dues (whichever is less) as precondition to moving a grievance to arbitration, breaches duty of fair representation where: members were not required to make such payment and the union had the exclusive right under contract to appeal grievance to arbitration. Conditioning representation of nonmembers upon payment of costs also unlawfully discriminates, interferes with, etc., nonmembers in exercise of right not to participate in employee organization; pp. 5-8.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.02000 – Employee Right to Refrain from Union Activities

Union policy requiring nonmembers to pay share of arbitration costs or the equivalent of annual dues (whichever is less) as precondition to moving a grievance to arbitration, breaches duty of fair representation where: members were not required to make such payment and the union had the exclusive right under contract to appeal grievance to arbitration. Conditioning representation of nonmembers upon payment of cost also unlawfully discriminates, interferes with, etc., nonmembers in exercise of right to participate in employee organization; pp. 5-8.