Decision 1380S – California State Employees Association (Hutchinson)

SF-CO-40-S

Decision Date: February 29, 2000

Decision Type: PERB Decision

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Perc Vol: 24
Perc Index: 31065

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

The charge alleged that violated Dills Act section 3519.5 where the charge involves conduct between an employee organization and a terminated employee which occurred subsequent to the termination of that individual from State employment, the former employee lacks standing to file an unfair practice charge against the employee organization based on that conduct. However, that holding does not alter the longstanding rule that terminated employees have the right under the Dills Act to challenge the termination itself as discriminatory, because such persons were State employees at the time of the allegedly unlawful conduct that formed the basis of the charge. (California Union of Safety Employees (Trevisanut, et al.) (1993) PERB Decision No. 1029-S, at p. 9.