Decision 0612S – American Federation of State, County and Municipal Employees (Cupp)

S-CO-59-S

Decision Date: February 6, 1987

Decision Type: PERB Decision

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Perc Vol: 11
Perc Index: 18048

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

No breach of DFR where union's refusal to process grievances occurred more than 6 months before charge filed.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

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.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.02000 – 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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

32125(e)-unfair practice charge based on allegation of union's refusal to keep and provide financial records in accordance with SEERA section 3515.7(e) should have been referred to regional office and treated as petition of compel compliance under PERB Regulation 32125(e). 32360(c)-chastisement of regional attorney fails to specify any errors made, therefore, insufficient to raise any issues on appeal.