Decision 1226S – California Correctional Peace Officers Association (Smith, et al.)

SA-CO-197-S

Decision Date: November 5, 1997

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29006

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

PERB has no jurisdiction to hear a charge brought under the Excluded Employees Bill of Rights.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.02000 – Managerial and Confidential

Managerial and supervisory employees are not covered by the Dills Act and do not have standing under the Dills Act to file an unfair practice charge.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.04000 – Supervisors

Managerial and supervisory employees are not covered by the Dills Act and do not have standing under the Dills Act to file an unfair practice charge.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

The duty of fair representation under the Dills Act derives from the exclusivity of the representational relationship; p. 2 (citations). Respondent is not the Charging Parties' exclusive representative and owed no representational duty to the charging parties; therefore, they cannot state a prima facie cause of action for violation of that duty; Id. at p. 3.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Managerial and supervisory employees are not covered by the Dills Act and do not have standing under the Dills Act to file an unfair practice charge.