Decision 0969S – California State Employees Association (Mitchell)

S-CO-140-S

Decision Date: February 4, 1993

Decision Type: PERB Decision

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Perc Vol: 17
Perc Index: 24038

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

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

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.