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* * *

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Perc Vol: 13
Perc Index: 20149

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

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]

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.04000 – Union Rules and Discipline in General; Union Dues and Fees; Fines, Assessments, Etc.

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.]