Decision 1304S – California State Employees Association (Hutchinson/Laosantos)
SF-CO-35-S
Decision Date: December 11, 1998
Decision Type: PERB Decision
Description: Employees appealed Board agent’s dismissal of their unfair practice charge against the Union.
Disposition: Dismissed. Board found allegations of unlawful conduct involved matters of solely internal activities which did not impact employer-employee relations and, therefore, were not protected by the Dills Act except in limited situations not at issue here.
Perc Vol: 23
Perc Index: 30028
Decision Headnotes
202.01000 – In General; Statutory Definition
In cases where amended charge alleges that illegal competing organization or individuals acting outside the scope of their authority as agents of the union have committed unfair practices against the chraging parties, such allegations are subject to dismissal because they do not on their face allege unlawful conduct by the respondent; p. 2, dismissal letter.
800.04000 – Scope of Duty; Internal Union Affairs
The statutes administered by PERB provide employees with no protected rights in the organization or operation of their exclusive representative unless the internal activities of the employee organization have an impact on the employer-employee relationship; p. 4. PERB has traditionally refrained from reviewing the internal affairs of unions; p. 3, partial warning letter. The Board has intervened in the internal affairs of a union when alleged retaliation against the members for their union participation went beyond solely internal union activities or relations and impacted the employment relationship; p. 5. In this case, the general allegations of abuse and coercion of members including costliness of current bargaining strategy, systematic emotional abuse of dissidents, writing slanderous articles and including costliness of current bargaining strategy, systematic emotional abuse of dissidents, writing slanderous articles and relating to restrictions on employee's membership so these solely internal union activities or relations are not protected by the Dills Act; p. 7. The Board reviews internal union affairs to consider the reasonablenes of a union's membership restrictions or dismissals consistent with Dills Act section 3515.5; p. 5.
801.01000 – In General
The Board has intervened in the internal affairs of a union when alleged retaliation against the members for their union participation went beyond solely internal union activities or relations and impacted the employment relationship; p. 5.
806.02000 – Internal Union Procedures
The statutes administered by PERB provide employees with no protected rights in the organization or operation of their exclusive representative unless the internal activities of the employee organization have an impact on the employer-employee relationship; p. 4.