Decision 0755S – California Correctional Peace Officers Association (Colman)

S-CO-69-S

Decision Date: July 25, 1989

Decision Type: PERB Decision

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Perc Vol: 13
Perc Index: 20160

Decision Headnotes

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.10000 – Parole Evidence/Bargaining History

Exclusion of testimony to explain intent of a union's bylaws is proper where no ambiguity exists on the face of the bylaws; p. 3.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.02000 – Internal Union Procedures

An ALJ may consider the union's appeals process even though the complaint does not reference such process where a member's charge against the union deals with the process of a fair hearing; p. 2-3.

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.

PERB is not restricted to review of union discipline to only those situations which substantially impact the employer-employee relationships; p. 20, proposed dec. PERB will give great deference to a union's interpretation of what conduct is sufficient to violate a union's own bylaws; p. 25, proposed dec.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.03000 – Employee Right to Participate; Improper Discipline or Refusal to Admit to Membership

An employee organization's unreasonable interference with an employee's right to be an organization member is a denial of protected rights; p. 17, proposed dec.