Decision 1140E – Los Rios College Federation of Teachers (Deglow)
S-CO-348, 352, 355
Decision Date: February 27, 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 prime facie case.
Perc Vol: 20
Perc Index: 27047
Decision Headnotes
800.01000 – In General; Prima Facie Case
Articles in the union newspaper about an employees' grievances and charges against the union do not have a substantial impact on unit members to the employer, they are relationship internal union affairs which are largely immune from scrutiny under the duty of fair representation analysis (citations); p. 2, warning letter.
800.04000 – Scope of Duty; Internal Union Affairs
Articles in the union newspaper about an employees' grievances and charges against the union do not have a substantial impact on unit members to the employer, they are relationship internal union affairs which are largely immune from scrutiny under the duty of fair representation analysis (citations); p. 2, warning letter.
806.04000 – Free Speech
Articles in the union newspaper about an employees' grievances and charges against the union do not evidence a threat of reprisal or promise of benefit, relate to matters of legitimate concern and are thus accorded generous protection under free speech protection; p. 2, warning letter.
1205.04000 – Attorneys Fees and Costs
No sanctions primarily because warnings in previous PERB decisions were recently issued, after present charges had been filed. However, frequency and number of unsuccessful charges filed by this employee indicate she is approaching standard where sanctions are appropriate.