Decision 1029S – California Union of Safety Employees (Trevisanut)

S-CO-132-S

Decision Date: December 13, 1993

Decision Type: PERB Decision

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Perc Vol: 18
Perc Index: 25026

Decision Headnotes

407.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH DECERTIFICATION OR RIVAL UNION PETITION
407.02000 – Withdrawal of Union Membership; Authorization Suggested, Aided or Discouraged

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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

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.

1204.00000 – REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION
1204.01000 – In General

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.

1204.00000 – REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION
1204.04000 – Reimbursement of Dues, Fees and Exactions to Employees; Union Liability

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.