Decision 0693H – California Faculty Association (Hale, et al.)

LA-CO-16-H

Decision Date: July 26, 1988

Decision Type: PERB Decision

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Perc Vol: 12
Perc Index: 19136

Decision Headnotes

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

Failure to discipline union representative for remarks about the peer review process does not have a substantial impact on employees' relationship with the employer.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.06000 – Statutory and Equitable Tolling

No equitable tolling in DFR case where injured party wrote letters and requested an investigation by the union because the union is not a judicial body or tribunal.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.05000 – Union Threats; Violence

Statements like "gutter slime" by union representative directed at unit members do not constitute interference; union representative did not threaten adverse action and had no direct authority to affect employees' work status.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.04000 – Free Speech

Union statements protected by free speech provision of HEERA - 3571.3. Union Statements protected as long as not opprobrious, flagrant, insulting, defamatory, insubordinate, or fraught with malice to cause substantial disruption or material interference with school activitites. This is liberally construed in a grievance resolution setting.

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

Failure to discipline union representative for remarks about the peer review process does not have a substantial impact on employees' relationship with the employer.