Decision 0669E – Chaffey Joint Union High School District (Fikes)

LA-CE-2363; CO-357

Decision Date: May 31, 1988

Decision Type: PERB Decision

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Perc Vol: 12
Perc Index: 19082

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.11000 – Dues Deductions/Check Off/Agency Fee

Totality of employer's conduct constituted prima facie case of interference with agency fee election.

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

Totality of exclusive representative's conduct during agency fee election constituted prima facie case of breach of duty of fair representation.

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.01000 – In General

Totality of exclusive representative's conduct during agency fee election constituted prima facie case of interference by union.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.02000 – Internal Union Procedures

Agency fee election not an internal union matter.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Unit member has standing to allege employer and employee organization interference with conduct of agency fee election irrespective of whether or not unit member actually "voted."