Decision 0733S – California State Employees Association (Parisi)
S-CO-85-S
Decision Date: May 3, 1989
Decision Type: PERB Decision
Perc Vol: 13
Perc Index: 20093
Decision Headnotes
1104.02000 – Motions
A motion to dismiss is treated as a Motion for Summary Judgment, and will be granted where any issue proven is fatal to a complaint. CSEA had no duty to represent the charging party before the SPB; pp. 7-8.
1100.05000 – Dismissal of Charge; Appeal
A motion to dismiss is treated as a Motion for Summary Judgment and will be granted where any issue proven is fatal to a complaint. CSEA had no duty to represent the charging party before the SPB; pp. 7-8.
806.01000 – In General
Where the union has no duty to represent in a forum with no connection to collective bargaining, here SPB, it may raise the issue in a motion before the ALJ to dismiss which will be treated as a motion for summary judgment; pp. 7-8.
800.04000 – Scope of Duty; Internal Union Affairs
CSEA had no duty to represent an employee in a forum that has no connection with collective bargaining, here the SPB; p. 8.