Decision 1530S – California Correctional Peace Officers Association (Moore)

SF-CO-46-S

Decision Date: June 20, 2003

Decision Type: PERB Decision

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Perc Vol: 27
Perc Index: 90

Decision Headnotes

100.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA
100.01000 – In General

A claim that a union allowing a supervisory employee who is the union chapter president unlawfully represents non-supervisory employees, alleges a violation of the Bill of Rights for State Excluded Employees (EEBR) not the Dills Act. PERB does not have jurisdiction over the EEBR.

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

A claim that a union allowing a supervisory employee who is the union chapter president unlawfully represents non-supervisory employees, alleges a violation of the Bill of Rights for State Excluded Employees (EEBR) not the Dills Act. PERB does not have jurisdiction over the EEBR.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.04000 – Supervisors

Under the EEBR, a supervisory employee does not have standing to bring a charge with the Board on his own behalf alleging a threat of reprisal against him and his staff by a union chapter president. An exception to this rule might occur if the alleged conduct adversely impacts the rights of unit employees.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
804.02000 – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)

A union chapter president’s failure to discuss complaints regarding a supervisor’s procedures on the job with the supervisor first before submitting the complaints to the Employee Relations Officer does not state a prima facie violation of the Dills Act because the union’s duty to bargain is owed to the State, not to individual employees.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Under the EEBR, a supervisory employee does not have standing to bring a charge with the Board on his own behalf alleging a threat of reprisal against him and his staff by a union chapter president. An exception to this rule might occur if the alleged conduct adversely impacts the rights of unit employees.