Decision 0669E – Chaffey Joint Union High School District (Fikes)
LA-CE-2363; CO-357
Decision Date: May 31, 1988
Decision Type: PERB Decision
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
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
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
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
806.02000 – Internal Union Procedures
Agency fee election not an internal union matter.
1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing
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."