Decision 1479S – California State Employees Association (Hard, et al.)

SA-CO-225-S

Decision Date: May 2, 2002

Decision Type: PERB Decision

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Perc Vol: 26
Perc Index: 33065

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.07000 – Minority Demands; Dissident Group; Intraunion Disputes

Charging Party did not provide an adequate showing that participation in rallies, distributing literature, wearing union buttons or t-shirts impacted the employer-employee relationship sufficiently to support a finding of protected activity.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.03000 – Employee Right to Participate; Improper Discipline or Refusal to Admit to Membership

CSEA’s suspension of member during nominating period violated section 3515.5. Reasonableness of membership provisions are measured on the provision and/or its application. Charging Party did not provide an adequate showing that participation in rallies, distributing literature, wearing union buttons or t-shirts impacted the employer-employee relationship sufficiently to support a finding of protected activity. This case is distinguishable from the ruling in Cupertino Union Elementary School District (1986) PERB Decision No. 572. In Cupertino, PERB held that an employer’s action was motivated by protected acts of the group, then the action is unlawful as to the entire group. PERB did not hold that the unrelated protected acts of some members of a group would automatically be attributed to all members of the group, as was the case in this matter. PERB has jurisdiction, under section 3515.5 to determine the reasonableness of a union’s rules regarding who may join and the dismissal or suspension of members. Unlike PERB’s decision in California State Employees Association (Hackett) (1993) PERB Decision No. 979-S, there was no immediate threat or emergency to warrant CSEA’s invocation of its summary suspension procedure. Although Section 3515.5 specifically refers to dismissal of individuals from membership, PERB has jurisdiction over suspensions as well, fn. 18.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.02000 – Internal Union Procedures

Although PERB will not interfere in internal union matters, there are other matters over which the Legislature has given it the power to act, such as reasonable restrictions over who may join unions and reasonable provisions for the dismissal of members from membership. Charging Party did not provide an adequate showing that participation in rallies, distributing literature, wearing union buttons or t-shirts impacted the employer-employee relationship sufficiently to support a finding of protected activity.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

Board may review issues not excepted to, to avoid a serious mistake of law; p. 13. Evidence of CSEA’s animosity toward CDU is contained in its motion to dismiss; p. 21.

1406.00000 – GENERAL LEGAL PRINCIPLES; MOOTNESS
1406.01000 – In General

Reduction of penalty to only a suspension that was already served does not render the case moot. The essential nature of the complaint has not been lost. The ruling clarifies a previous Board case; fn. 26.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.01000 – In General

Charging Party did not provide an adequate showing that participation in rallies, distributing literature, wearing union buttons or t-shirts impacted the employer-employee relationship sufficiently to support a finding of protected activity.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.11000 – Distribution of Literature

Charging Party did not provide an adequate showing that participation in rallies, distributing literature, wearing union buttons or t-shirts impacted the employer-employee relationship sufficiently to support a finding of protected activity.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.04000 – Union Rules and Discipline in General; Union Dues and Fees; Fines, Assessments, Etc.

PERB has jurisdiction, under section 3515.5 to determine the reasonableness of a union’s rules regarding who may join and the dismissal or suspension of members. Unlike PERB’s decision in California State Employees Association (Hackett) (1993) PERB Decision No. 979-S, there was no immediate threat or emergency to warrant CSEA’s invocation of its summary suspension procedure.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.01000 – In General

Evidence of CSEA’s animosity toward CDU is contained in its motion to dismiss; p. 21.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.18000 – Review of Findings Not Excepted To

Board may review issues not excepted to, to avoid a serious mistake of law; p. 13. Evidence of CSEA’s animosity toward CDU is contained in its motion to dismiss; p. 21.