Decision 1137E – Los Rios College Federation of Teachers (Deglow)
S-CO-356
Decision Date: February 1, 1996
Decision Type: PERB Decision
Description: Union violated its duty of fair representation by discussing employee’s unfair practice charges in union newspaper articles.
Disposition: Dismissed for failure to state a prima facie case.
Perc Vol: 20
Perc Index: 27042
Decision Headnotes
800.04000 – Scope of Duty; Internal Union Affairs
Union statements published in the union newspaper that do not appear to have a substantial impact on the charging party's relationship with her employer, do not state a prima facie violation of the duty of fair representation; p. 1, warning letter. Speech activity by the union is accorded generous protection so long as it is related to matters of legitimate concern; p. 2, warning letter. The expression of views or opinion does not evidence an unfair practice unless there is a threat of reprisal or promise of benefit; p. 2, warning letter.
800.06000 – Other
Speech activity by the union is accorded generous protection so long as it is related to matters of legitimate concern; p. 2, warning letter. The expression of views or opinion does not evidence an unfair practice unless there is a threat of reprisal or promise of benefit; p. 2, warning letter.
801.01000 – In General
Interference is measured by an objective standard not subjective. The stress-related ailments of an employee are irrelevant to whether the standard is met.
1205.04000 – Attorneys Fees and Costs
The repeated pursuit of similar charges based on essentially the same circumstances may constitute an abuse of process; p. 2.