Decision 1226S – California Correctional Peace Officers Association (Smith, et al.)
SA-CO-197-S
Decision Date: November 5, 1997
Decision Type: PERB Decision
Description: Employees appeal dismissal of their unfair practice charge against union for violating its duty of fair representation by filing against them at the State Personnel Board.
Disposition: Dismissed. Union charged with the activity was not the exclusive representative of charging parties and had no duty of fair representation to them.
Perc Vol: 22
Perc Index: 29006
Decision Headnotes
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.
200.02000 – 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.
200.04000 – 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.
800.01000 – 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.
1100.03000 – 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.