Decision 1399S – State Employees Caucus for a Democratic Union (California State Employees Association, et al.)
SA-CO-216-S
Decision Date: August 4, 2000
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge. The charge alleged that the State Employees CDU and its agents are an employee organization with one of its primary purposes to represent state employees in their employment relations with the employer. CSEA claimed that CDU was therefore unlawfully competing with it.
Disposition: Dismissed. CDU is a political faction within CSEA, not a competing employee organization, thus CDU is not subject to PERB sanction for violation of the Dills Act. Also, allegations filed against members of CDU as individuals are dismissed because the Dills Act only defines unlawful actions by the state and employee organizations.
Perc Vol: 24
Perc Index: 31128
Decision Headnotes
202.01000 – In General; Statutory Definition
The Dills Act only defines unlawful actions by the state and employee organizations, and not by an individual state employee. Charging Parties filed the instant charge against CDU and certain named individual state employees. To the extent the charge was filed against members of CDU as individuals, the charge was dismissed; pp. 6-7, warning letter. The central focus in the definition of employee organization is whether the group in question exists for the purpose of furthering the interests of employees by dealing with the employer on a matter of employer-employee relations; p. 7, warning letter.
202.07000 – Challenge to Status as Employee Organization
The Dills Act only defines unlawful actions by the state and employee organizations, and not by an individual state employee. Charging Parties filed the instant charge against CDU and certain named individual state employees. To the extent the charge was filed against members of CDU as individuals, the charge was dismissed; pp. 6-7, warning letter. The central focus in the definition of employee organization is whether the group in question exists for the purpose of furthering the interests of employees by dealing with the employer on a matter of employer-employee relations; p. 7, warning letter.