Decision 0726H – California State Employees Association (O'Connell)
Decision Date: March 21, 1989
Decision Type: PERB Decision
Perc Vol: 13
Perc Index: 20066
806.02000 – Internal Union Procedures
The subject of an internal union procedure will be a violation of the duty of fair representation if there is a knowing misrepresentation of facts concerning the subject in the ratification process and the subject substantially impacts the employment relationship; p. 7.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Failure to specify the issues or otherwise provide the Board with enough information to rule on the appeal will result in the Board's affirmance of the ALJ's dismissal; p. 3.
1503.02000 – Regulations Considered (By Number)
32300 - An appeal must afford both the respondent and the Board with enough information to answer, and rule. Failure to state the rationale or to identify the portion of the proposed decision to which exception is taken will result in dismissal; p. 3.
800.04000 – Scope of Duty; Internal Union Affairs
The exclusive representative's knowing misrepresentation of a fact that has a substantial impact on the relationship of the employer and the unit members during the contract ratification process is a violation of the duty of fair representation. A breach of the duty will not be found where the exclusive representative is guilty of mere negligence or poor judgment; pp. 7-8.