Decision 0969S – California State Employees Association (Mitchell)
Decision Date: February 4, 1993
Decision Type: PERB Decision
Perc Vol: 17
Perc Index: 24038
800.04000 – Scope of Duty; Internal Union Affairs
DFR extends only to union activities that have a substantial impact on the relationships of unit members to their employers and does not apply to those activities which do not directly involve the employer or which are strictly internal union matters; p. 6, warning letter; p. 5, dismissal letter. Charging party has no right to the information requested from the union, and the union has no duty to provide the requested information; p. 5, dismissal letter.
800.05000 – Mode or Adequacy of Representation/Advocacy
In the absence of specific allegations of arbitrary, discriminatory or bad faith denial of representation, charging party has failed to establish a prima facie violation that the union breached its duty of fair representation; p. 5, warning letter; p. 4, dismissal letter.
801.01000 – In General
Although the charge contains allegations of engaging in protected activity and knowledge of such activity by the union, the charge fails to demonstrate that the union's actions were motivated by the exercise of protected rights; p. 6, warning letter; p. 6, dismissal letter.
1100.08000 – Pleading Requirements
In the absence of a clear statement of facts and conduct constituting an unfair practice, the allegations fail to state a prima facie violation; p. 2, warning letter.
1101.03000 – Computation of Six-Month Period
The charge allegations either fail to set forth a date, or state a date which is beyond the six-month statute of limitations and must therefore be dismissed; p. 3, warning letter.