Decision 1126S – California State Employees Association (Hackett, et al.)

SF-CO-26-S

Decision Date: December 6, 1995

Decision Type: PERB Decision

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Perc Vol: 20
Perc Index: 27014

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.07000 – Minority Demands; Dissident Group; Intraunion Disputes

Dills Act section 3515 guarantees employees the right to "participate" in a union which includes dissident activity that falls short of a decertification effort; pp. 4-5.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.15000 – Other

When a party shows a clear intent to take a disputed action against another, the harm occurs at that time and not when the wrongful act is completed; p. 8. The filing of written charges and a lawsuit against charging parties is cognizable harm. A person suspended from union membership cannot "participate" in the activities of the union and discriminatory interference with such participation constitutes harm; p. 8, p. 28, proposed dec.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.03000 – Employee Right to Participate; Improper Discipline or Refusal to Admit to Membership

Dills Act section 3515 guarantees employees the right to "participate" in a union which includes dissident activity that falls short of a decertification effort; pp. 4-5.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.08000 – Other

The filing of written charges and a lawsuit against charging parties is cognizable harm. A person suspended from union membership cannot "participate" in the activities of the union and discriminatory interference with such participation constitutes harm; p. 8; p. 28, proposed dec.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.01000 – In General

Dills Act section 3515 guarantees employees the right to "participate" in a union which includes dissident activity that falls short of a decertification effort; pp. 4-5.

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

Dills Act section 3515 guarantees employees the right to "participate" in a union which includes dissident activity that falls short of a decertification effort; pp. 4-5. The filing of written charges and a lawsuit against charging parties is cognizable harm. A person suspended from union membership cannot "participate" in the activities of the union and discriminatory interference with such participation constitutes harm; p. 8, p. 28, proposed dec.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

When a party shows a clear intent to take a disputed action against another, the harm occurs at that time and not when the wrongful act is completed; p. 8.

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

Posting is sufficient remedy; p. 33, proposed dec; Attorney's fees and costs of litigation, including lost time and wages, were not awarded because PERB has held that such remedies are not appropriate unless there is a showing that the respondent's unlawful conduct has been repetitive and that its defenses are without arguable merit. (Modesto City Schools and High School District (1985) PERB Decision No. 518.); pp. 34-35, proposed dec.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.04000 – Attorneys Fees and Costs

Posting is sufficient remedy; p. 33, proposed dec; Attorney's fees and costs of litigation, including lost time and wages, were not awarded because PERB has held that such remedies are not appropriate unless there is a showing that the respondent's unlawul conduct has been repetitive and that its defenses are without arguable merit. (Modesto City Schools and High School District (1985) PERB Decision No. 518.); pp. 34-35, proposed dec.