Decision 0819S – California State Employees Association (Miller)

S-CO-109-S

Decision Date: June 25, 1990

Decision Type: PERB Decision

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Perc Vol: 14
Perc Index: 21131

Decision Headnotes

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

Failure to show that maintenance of membership requirements in collective bargaining agreement had a substantial impact on the employment relationship will result in Board denying complaint issuance on violation of duty of fair representation; p. 3.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.02000 – Employee Right to Refrain from Union Activities

Union's refusal to accept a withdrawal from membership under a maintenance of membership provision in the collective bargaining agreement is not by itself a violation of duty of fair representation or discrimination; p. 3.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Charge properly dismissed where no facts to allege union's maintenance of membership requirements had a substantial impact on the employment relationship or that the requirements were applied discriminatorily; p. 4.