Decision 0693H – California Faculty Association (Hale, et al.)
LA-CO-16-H
Decision Date: July 26, 1988
Decision Type: PERB Decision
Perc Vol: 12
Perc Index: 19136
Decision Headnotes
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.
1101.06000 – 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.
801.05000 – 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.
806.04000 – 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.
806.02000 – 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.