Decision 0972S – State of California, Department of Corrections (Thomas)

SF-CE-94-S

Decision Date: February 9, 1993

Decision Type: PERB Decision

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Perc Vol: 17
Perc Index: 24047

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

An individual unit member does not have standing to pursue violations of rights of an employee organization. When the union withdrew from prosecuting these violations, the legal effect was the same as if the charges had been withdrawn; p. 3; p. 8, dismissal. The right of an employee organization to represent its members is not a right that an individual member can appropriately vindicate; p. 6, dismissal.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

32635(b). Charging party failed to provide adequate explanation as to why she was unable to submit factual declarations with her brief in opposition to respondent's motion to dismiss for the ALJ's consideration below. Thus, no good cause exists to accept the new declarations on appeal; p. 3.