Decision 0442E – California School Employees Association-Chapter 318 (Harmening)
S-CO-110
Decision Date: November 29, 1984
Decision Type: PERB Decision
Perc Vol: 9
Perc Index: 16006
Decision Headnotes
800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs
800.04000 – Scope of Duty; Internal Union Affairs
Duty of fair representation applies only in union's representational relationships. It does not apply to union's internal procedure for the recall of a chapter president. R.A. dismissal upheld.
801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.03000 – Employee Right to Participate; Improper Discipline or Refusal to Admit to Membership
801.03000 – Employee Right to Participate; Improper Discipline or Refusal to Admit to Membership
Recall of chapter president where nonmembers allowed to vote does not state a prima facie violation of organization's section 3543.1(a) obligation to establish "reasonable" provisions for discipline. The action did not remove the former president from union membership, and was not disciplinary in nature.