Decision 0979S – California State Employees Association (Hackett, et al.)

S-CO-147-S

Decision Date: March 10, 1993

Decision Type: PERB Decision

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Perc Vol: 17
Perc Index: 24053

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.03000 – Negotiations

A prima facie case was not stated in the allegation that the union violated section 3519.5(b) by mailing out the last, best and final offer from the State to rank and file members of the Unit without the approval of the Unit 1 Bargaining Unit Committee (BUNC).)

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

A prima facie case was not stated in the allegations that (1) certain members were temporarily suspended from membership; and (2) two BUNC members were refused the right to run for a union office because of their suspended status. The facts were insufficient in the charge to demonstrate a nexus between the protected activity and the adverse actions. See warning letter pp. 3-5 re PERB intervention in internal union affairs.

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.

A prima facie case was not stated in the allegations that (1) certain members were temporarily suspended from membership; and (2) two BUNC members were refused the right to run for a union office because of their suspended status. The facts were insufficient in the charge to demonstrate a nexus between the protected activity and the adverse actions. See warning letter pp. 3-5 re PERB intervention in internal union affairs.