Decision 0733S – California State Employees Association (Parisi)

S-CO-85-S

Decision Date: May 3, 1989

Decision Type: PERB Decision

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Perc Vol: 13
Perc Index: 20093

Decision Headnotes

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.