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

S-CO-255

Decision Date: May 24, 1991

Decision Type: PERB Decision

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Perc Vol: 15
Perc Index: 22093

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

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.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.08000 – Other

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.

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.01000 – In General

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.