Decision 1551S – California State Employeees Association (Barker and Osuna)

SA-CO-253-S

Decision Date: October 17, 2003

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 28
Perc Index: 4

Decision Headnotes

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.01000 – In General

The Board found that Barker and Osuna did not state a prima facie case for discrimination because there was no showing of a nexus between their participation on the BUNCs and their refusal to participate in the master negotiations table with CSEA’s removal of Barker and Osuna as BUNC chairpersons.

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

The Board will review the reasonableness of union membership rules under Dills Act section 3515.5. (California State Employees Association (Hard, et al.) (2002) PERB Decision No. 1479-S; California State Employees Association (Hard, et al.) (2002) PERB Decision No. 1479a-S. [CSEA(Hard)]) This case differs from CSEA(Hard) in that CSEA did not suspend or dismiss Barker and Osuna from membership when removing them from their BUNC chair positions. The Board is normally reluctant to interfere in the internal union affairs of employee organizations unless there is an impact on the employee’s relationship with the employer. Here there was no showing of any impact from CSEA’s removal of Barker and Osuna from their BUNC chair positions.

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.

The Board will review the reasonableness of union membership rules under Dills Act section 3515.5. (California State Employees Association (Hard, et al.) (2002) PERB Decision No. 1479-S; California State Employees Association (Hard, et al.) (2002) PERB Decision No. 1479a-S. [CSEA(Hard)]) This case differs from CSEA(Hard) in that CSEA did not suspend or dismiss Barker and Osuna from membership when removing them from their BUNC chair positions. The Board is normally reluctant to interfere in the internal union affairs of employee organizations unless there is an impact on the employee’s relationship with the employer. Here there was no showing of any impact from CSEA’s removal of Barker and Osuna from their BUNC chair positions.