Decision 1137E – Los Rios College Federation of Teachers (Deglow)

S-CO-356

Decision Date: February 1, 1996

Decision Type: PERB Decision

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Perc Vol: 20
Perc Index: 27042

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

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

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
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.