Decision 1029S – California Union of Safety Employees (Trevisanut) * * * PARTIALLY OVERRULED by Downey Unified School District (2026) PERB Decision No. 3018 * * *

***PARTIALLY OVERRULED ON OTHER GROUNDS BY Downey Unified School District (2026) PERB Decision No. 3018.***

Requirement by the union that members submit an acknowledgment form in addition to the signed withdrawal letter required by the Dills Act violates members' right to withdraw from membership; pp. 7-8. Parties are prohibited from extending the contract without also extending the window period for withdrawing from union membership; p. 8. In the absence of a contract, there is no requirement of maintenance of membership; pp. 8-9.

***PARTIALLY OVERRULED BY Downey Unified School District (2026) PERB Decision No. 3018, which held that an employee’s post separation allegations against an employer or a union are actionable if they are integrally tied to the employment relationship and satisfy all other substantive and procedural requirements.***

In order to have standing to file a charge, a person must have been an employee at the time the unfair practice occurred. Subsequent retirement or separation from state service does not invalidate standing; p. 9.

*** PARTIALLY OVERRULED ON OTHER GROUNDS BY Downey Unified School District (2026) PERB Decision No. 3018.***

Only named parties should be granted a remedy. To grant a remedy to employees not named as parties amounts to amending the complaint; pp. 9-10.

***PARTIALLY OVERRULED ON OTHER GROUNDS BY Downey Unified School District (2026) PERB Decision No. 3018.***

Only named parties should be granted a remedy. To grant a remedy to employees not named as parties amounts to amending the complaint; pp. 9-10.