Decision –

Decision Date:

Decision Type:

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.17000 – Other

EERA section 3543 does not guarantee employees the right to vote in general elections free from the influence of financial self-interest; pp. 2-3.

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

To state a prima facie violation of the duty of fair representation, 3543.6(b), charging party must show that exclusive representative's conduct was arbitrary, discriminatory or in bad faith. Arbitrary conduct requires a showing of conduct that was without rational basis or devoid of honest judgment; pp. 4-5, warning letter.

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

EERA section 3543 does not guarantee employees the right to vote in general elections free from the influence of financial self-interest; pp. 2-3.

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

A complaint challenging the amount of an agency fee may not be issued until the exclusive representatives Agency Fee Appeal Procedure is exhausted (PERB Regulation section 32994) unless the appeals procedure is insufficient on its face; p. 4, warning letter.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

As the alleged conduct occurred beyond the six-month statute of limitations, the unfair practice charge must be dismissed; p. 4, warning letter.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

An individual does not have standing to allege a violation of EERA section 3543.6(c); p. 3, fn. 3.