Decision 1032S – California Union of Safety Employees (Coelho)

LA-CO-48-S

Decision Date: January 6, 1994

Decision Type: PERB Decision

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Perc Vol: 18
Perc Index: 25029

Decision Headnotes


504.14000 – Other/In General

Adverse conduct based on unsubstantial allegations may raise an inference of unlawful motivation; p. 13.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

The union's filing of a citizen's complaint against a unit member prompting an investigation by the employer could cause a reasonable person to be concerned about the potential adverse effect of the complaint and ensuing investigation on his employment. The fact that the complaint and investigation did not result in action being taken against the unit member by his employer does not eliminate the adverse nature of the union's conduct; p. 12.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.15000 – Other

The union's filing of a citizen's complaint against a unit member prompting an investigation by the employer could cause a reasonable person to be concerned about the potential adverse effect of the complaint and ensuing investigation on his employment. The fact that the complaint and investigation did not result in action being taken against the unit member by his employer does not eliminate the adverse nature of the union's conduct; p. 12.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications

Adverse conduct based on unsubstantial allegations may raise an inference of unlawful motivation; p. 13.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.13000 – Unusually Harsh Treatment

Adverse conduct based on unsubstantial allegations may raise an inference of unlawful motivation; p. 13.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.01000 – In General

Respondent cannot use a conflict of interest which is the creation of its own unlawful act to avoid accountability for the retaliatory effects of its discrimination.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.13000 – Other

Respondent cannot use a conflict of interest which is the creation of its own unlawful act to avoid accountability for the retaliatory effects of its discrimination.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

The Dills Act duty of fair representation does not apply to representation in the employer's internal investigation of a citizen's complaint because that forum is unconnected with any aspect of negotiation or administration of a collective bargaining agreement and the union does not exclusively control the means to the particular remedy; p. 15. The prohibition against an employee organization's discrimination or retaliation against employees because of their protected activity is not limited to those functions of the exclusive representative which carry with them the duty of fair representation; p. 16.

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

The prohibition against an employee organization's discrimination or retaliation against employees because of their protected activity is not limited to those functions of the exclusive representative which carry with them the duty of fair representation; p. 16. Allegations of union discrimination and/or retaliation are reviewed under the Novato test.

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.

The prohibition against an employee organization's discrimination or retaliation against employees because of their protected activity is not limited to those functions of the exclusive representative which carry with them the duty of fair representation; p. 16.

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

The union is required to notify the employer and unit member that it is withdrawing the citizen's complaint filed against the unit member with his employer, remove any union records concerning the complaint and notify the unit member that this action has been taken; p. 18.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.08000 – Expunging Employee Personnel Files

The union is required to notify the employer and unit member that it is withdrawing the citizen's complaint filed against the unit member with his employer, remove any union records concerning the complaint, notify the unit member that this action has been taken and post a notice where such notices are customarily posted; pp. 18-19.