Decision 1126S – California State Employees Association (Hackett, et al.) * * * OVERRULED IN PART by California State Employees Association (Hard, et al.) (1999) PERB Decision No. 1368-S
SF-CO-26-S
Decision Date: December 6, 1995
Decision Type: PERB Decision
* * *OVERRULED IN PART by California State Employees Association (Hard, et al.) (1999) PERB Decision No. 1368-S, p. 28* * *
Description: Union discriminated against employees for participation in protected activity by seeking their suspension from union and naming them in a civil law suit.
Disposition: Violation found. Union ordered to cease retaliating against employees and stop seeking their suspension from the union.
Perc Vol: 20
Perc Index: 27014
Decision Headnotes
300.07000 – Minority Demands; Dissident Group; Intraunion Disputes
* * * OVERRULED IN PART ON OTHER GROUNDS by California State Employees Association (Hard et al.) (1999) PERB Decision No. 1368-S, p. 28. * * *
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.
503.15000 – Other
* * * OVERRULED IN PART by California State Employees Association (Hard et al.) (1999) PERB Decision No. 1368-S, p. 28, where the Board held that the Service Employees International Union, Local 99 (Kimmett) (1979) PERB Decision No. 106 principle applies to claims that a union retaliated against or interfered with protected activity. In such claims, other than those challenging a union’s restriction on membership, a charging party employee must show the union’s conduct impacted the employee’s relationship with their employer. * * *
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.
801.03000 – Employee Right to Participate; Improper Discipline or Refusal to Admit to Membership
* * * OVERRULED IN PART ON OTHER GROUNDS by California State Employees Association (Hard et al.) (1999) PERB Decision No. 1368-S, p. 28. * * *
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.
801.08000 – Other
* * * OVERRULED IN PART by California State Employees Association (Hard et al.) (1999) PERB Decision No. 1368-S, p. 28, where the Board held that the Service Employees International Union, Local 99 (Kimmett) (1979) PERB Decision No. 106 principle applies to claims that a union retaliated against or interfered with protected activity. In such claims, other than those challenging a union’s restriction on membership, a charging party employee must show the union’s conduct impacted the employee’s relationship with their employer. * * *
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.
806.01000 – In General
* * * OVERRULED IN PART ON OTHER GROUNDS by California State Employees Association (Hard et al.) (1999) PERB Decision No. 1368-S, p. 28. * * *
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.
806.02000 – Internal Union Procedures
* * * OVERRULED IN PART by California State Employees Association (Hard et al.) (1999) PERB Decision No. 1368-S, p. 28, where the Board held that the Service Employees International Union, Local 99 (Kimmett) (1979) PERB Decision No. 106 principle applies to claims that a union retaliated against or interfered with protected activity. In such claims, other than those challenging a union’s restriction on membership, a charging party employee must show the union’s conduct impacted the employee’s relationship with their employer. * * *
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.
1101.03000 – Computation of Six-Month Period
* * * OVERRULED IN PART ON OTHER GROUNDS by California State Employees Association (Hard et al.) (1999) PERB Decision No. 1368-S, p. 28. * * *
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.
1204.01000 – In General
* * * OVERRULED IN PART ON OTHER GROUNDS by California State Employees Association (Hard et al.) (1999) PERB Decision No. 1368-S, p. 28. * * *
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.
1205.04000 – Attorneys Fees and Costs
* * * OVERRULED IN PART ON OTHER GROUNDS by California State Employees Association (Hard et al.) (1999) PERB Decision No. 1368-S, p. 28. * * *
Posting is sufficient remedy; p. 33, proposed decision; 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 decision.