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

S-CO-261-264

Decision Date: August 29, 1991

Decision Type: PERB Decision

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Perc Vol: 15
Perc Index: 22137

Decision Headnotes

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

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.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.01000 – In General

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.

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.

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.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.09000 – Consolidation, Severance, or Bifurcation of Proceedings

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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

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.

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

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.