Decision 0897E – Los Rios College Federation of Teachers, California Federation of Teachers/American Federation of Teachers/Local 2279 (Deglow, et al.)

As exclusive representative's decision to refund agency fees to one nonmember is an internal union matter which does not have a substantial impact on the relationship of unit members to the employer, there was no violation of the duty of fair representation; p. 3, warning letter. Duty of fair representation does not apply to internal union activities that do not have a substantial impact on the relationship of unit members to their employer; p. 3, warning letter.

Unfair practice charge dismissed where there were no allegations that charging parties engaged in protected activity, that the exclusive representative had knowledge of this activity, and that the exclusive representative's refusal to refund agency fees was motivated by the protected activity; p. 4, warning letter.

Unfair practice charge dismissed where there were no allegations that charging parties engaged in protected activity, that the exclusive representative had knowledge of this activity, and that the exclusive representative's refusal to refund agency fees was motivated by the protected activity; p. 4, warning letter.

As allegations in the unfair practice charges are identical and the charging parties are similarly situated, the Board finds consolidation to be appropriate; p. 2.

As allegations in the unfair practice charges are identical and the charging parties are similarly situated, the Board finds consolidation to be appropriate; p. 2.

Breach of the duty of fair representation has been stated where it is alleged that exclusive representative knowingly misrepresented a fact in order to secure from its constituents their ratification of a contract. No prima facie case where alleged misrepresentation was a statement of law indicating a nonmember's obligation to pay an agency fee; dismissal letter, p. 2.