Decision 1369S – California State Employees Association (Hutchinson)


Decision Date: December 23, 1999

Decision Type: PERB Decision

Description: Employee appealed Board agent’s partial dismissal of unfair practice charge which alleged union violated the Dills Act by discriminating against them for their exercise of protected conduct.

Disposition: Affirmed. Allegations Involved solely internal union activities without any impact on employer-employee relations and were therefore not protected under the Dills Act.

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Perc Vol: 24
Perc Index: 31032

Decision Headnotes

801.08000 – Other

The Board has long held that it will not intervene in matters involving the solely internal activities or relationships of an employee organization which do not impact employer-employee relations; p. 3. In this case, the Association conducted elections outside of the timeframe required by internal Association bylaws; mailed election ballots in violation of internal Association bylaws; improperly validated ballots in violation of internal Association bylaws; failed to properly distribute election results in violation of internal Association bylaws; and improperly installed Association officers which are solely internal union activities; pp. 2-3. Charging party did not demonstrate that those internal union activities had any impact on employer-employee relations. Therefore, they failed to meet their burden and the Board concludes that the Dills Act does not protect the internal union activities and participation in which the charging parties were engaged and which form the basis of the dispute in this case. Therefore, the partial dismissal of the unfair practice charge must be affirmed on that basis; pp. 3-4.