Decision 0882E – Los Rios College Federation of Teachers, American Federation of Teachers/CIO (Barth)

To establish a union discrimination, it must be shown that the employee participated in protected activity, and that the adverse action was motivated by the employee participation in that protected activity.

Under the standards set forth in Chicago Teachers Union v. Hudson (1968) 475 U.S. 292 for the collection of agency fees, there is no requirement that all nonunion members must be charged the same agency fee.

No prima facie case of the breach of duty of fair representation where it was alleged that the federation did not fairly represent each and every employee in the bargaining unit in establishing the organizational security fees. There was no indication of arbitrary, discriminatory or bad faith conduct.