Decision 0753H – California State Employees Association (O'Connell)* * *OVERRULED IN PART by California State Employees Association (Hard, et al.) (1999) PERB Decision No. 1368-S
SF-CO-12-H
Decision Date: June 30, 1989
Decision Type: PERB Decision
* * *OVERRULED IN PART by California State Employees Association (Hard, et al.) (1999) PERB Decision No. 1368-S, p. 28* * *
Perc Vol: 13
Perc Index: 20149
Decision Headnotes
800.04000 – Scope of Duty; Internal Union Affairs
* * * OVERRULED IN PART by California State Employees Association (Hard et al.) (1999) PERB Decision No. 1368-S, where the Board held that the Service Employees International Union, Local 99 (Kimmett) (1979) PERB Decision No. 106 principle applies to claims that a union retaliated against or interfered with protected activity. In such claims, other than those challenging a union’s restriction on membership, a charging party employee must show the union's conduct impacted the employee’s relationship with their employer.* * *
Kimmett's substantial impact test to review the internal affairs of a union applies only when a DFR issue is raised. Pursuant to HEERA section 3571.1, internal union activities may be reviewed when allegations of reprisal by the union are present, regardless of whether the union's retaliation has a substantial impact on the relationship of unit members to their employers; p. 9. [Limits holding of Rio Hondo College Faculty Association (Furriel) (1986) PERB Decision No. 583, p. 7]
801.04000 – Union Rules and Discipline in General; Union Dues and Fees; Fines, Assessments, Etc.
* * * OVERRULED IN PART by California State Employees Association (Hard et al.) (1999) PERB Decision No. 1368-S, where the Board held that the Service Employees International Union, Local 99 (Kimmett) (1979) PERB Decision No. 106 principle applies to claims that a union retaliated against or interfered with protected activity. In such claims, other than those challenging a union’s restriction on membership, a charging party employee must show the union's conduct impacted the employee’s relationship with their employer.* * *
Kimmett's substantial impact test to review the internal affairs of a union applies only when a DFR issue is raised. Pursuant to HEERA section 3571.1, internal union activities may be reviewed when allegations of reprisal by the union are present, regardless of whether the union's retaliation has a substantial impact on the relationship of unit members to their employers; p. 9. [Limits holding of Rio Hondo College Faculty Association (Furriel) (1986) PERB Decision No. 583, p. 7.]