Decision 1014S – California State Employees Association (Garcia)

S-CO-150-S

Decision Date: September 21, 1993

Decision Type: PERB Decision

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Perc Vol: 17
Perc Index: 24153

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.09000 – Participation in Board Process

Filing an unfair practice charge is protected activity.

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

The Board will ordinarily not review internal union matters unless the activities involved in the charge "have a substantial impact on the relationship of unit members to their employers." (Service Employees International Union, Local 99 (Kimmett) (1979) PERB Decision No. 106; p. 5. The union's activities in connection with telephone costs, election irregularities, and her suspension were not shown to have a substantial impact on her relationship with her employer; pp. 5-6.

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

Notwithstanding a party's failure to allege facts sufficient to show a substantial impact on the employment relationship and thus a duty of fair representation, if the factual allegations would support a finding of retaliation, discrimination, or interference by an employee organization, the Board has statutory authority to inquire into the internal activities of the employee organization; p. 8.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.02000 – Internal Union Procedures

The Board will ordinarily not review internal union matters unless the activities involved in the charge "have a substantial impact on the relationship of unit members to their employers." (Service Employees International Union, Local 99 (Kimmett) (1979) PERB Decision No. 106; p. 5. The union's activities in connection with telephone costs, election irregularities, and her suspension were not shown to have a substantial impact on her relationship with her employer; pp. 5-6.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

For review of an unfair practice charge, the factual allegations contained in the charge are considered true; p. 6.