Decision 1084E – San Francisco Community College District Federation of Teachers (Kidd and Hendricks)

SF-CO-466

Decision Date: February 21, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26052

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent

PERB is without jurisdiction to enforce the federal Labor-Management Reporting and Disclosure Act (LMRDA); p. 3; p. 2, warning letter.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

PERB is without jurisdiction to enforce the federal Labor-Management Reporting and Disclosure Act (LMRDA); p. 3; p. 2, warning letter.

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

Matters concerning internal union affairs are immune from PERB review, unless they have a substantial impact on the relationships of unit members to their employers so as to give rise to a duty of fair representation violation, or involve retaliation for protected activity; p. 2, warning letter. In CSEA (Parisot) (1983) PERB Decision No. 280, the Board adopted the retaliation exception to the general rule that the Board will not inquire into the internal affairs of an employee organization; p. 3.

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

Matters concerning internal union affairs are immune from PERB review, unless they have a substantial impact on the relationships of unit members to their employers so as to give rise to a duty of fair representation violation, or involve retaliation for protected activity; p. 2, warning letter. In CSEA (Parisot) (1983) PERB Decision No. 280, the Board adopted the retaliation exception to the general rule that the Board will not inquire into the internal affairs of an employee organization; p. 3.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

It is unnecessary and inappropriate for the Board to consider Charging Party's arguments which respond to Respondent's statements to the Board agent during the investigation because statement is properly excluded from the Board's record and it was not addressed in the warning and dismissal letters.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

It is unnecessary and inappropriate for the Board to consider Charging Party's arguments which respond to Respondent's statements to the Board agent during the investigation because statement is properly excluded from the Board's record and it was not addressed in the warning and dismissal letters.