Decision 1355S – California State Employees Association (Hutchinson)
SF-CO-39-S
Decision Date: October 7, 1999
Decision Type: PERB Decision
Description: The Board dismissed the charge, which alleged that the California State Employees Association breached its duty of fair representation by retaliating against charging party for protected activities in violation of the Dills Act, and by causing the State of California (Department of Transportation) to terminate charging party’s employment in violation of the Dills Act.
Disposition: Dismissal. Charge failed to provide facts that union caused the state’s conduct.
Perc Vol: 23
Perc Index: 30177
Decision Headnotes
405.01000 – In General
Statements of intentions to pursue legal remedies is protected speech and do not constitute an illegal threat; p. 6, warning letter.
409.06000 – Free Speech
Statements of intentions to pursue legal remedies is protected speech and do not constitute an illegal threat; p. 6, warning letter.
800.06000 – Other
To demonstrate that an exclusive representative discriminated against a charging party in violation of Dills Act section 3519.5(b), the charging party must show that: (1) the unit member exercised rights under the Dills Act; (2) the exclusive representative had knowledge of the exercise of those rights; and (3) the exclusive representative imposed or threatened to impose reprisals, discriminated or threatened to discriminate or otherwise interfered with, restrained or coerced the unit member because of the exercise of those rights, citing Novato; pp. 5-6, warning letter.
801.05000 – Union Threats; Violence
Statements of intentions to pursue legal remedies is protected speech and do not constitute an illegal threat; p. 6, warning letter.
805.01000 – In General
In this case the charge failed to provide sufficient allegations demonstrating that the Association orchestrated or caused the employer to terminate the charging party. There is no direct evidence that the employer's action was in response to a request or demand from the association, and the circumstantial evidence is too weak to support an inference that such occurred; pp. 4-5, warning letter.
806.04000 – Free Speech
Statements of intentions to pursue legal remedies is protected speech and do not constitute an illegal threat; p. 6, warning letter.