Decision 1140E – Los Rios College Federation of Teachers (Deglow)

S-CO-348, 352, 355

Decision Date: February 27, 1996

Decision Type: PERB Decision

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Perc Vol: 20
Perc Index: 27047

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
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.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
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.