Decision 1683E – California School Employees Association and its Chapter 36 (Peterson)

LA-CO-1142-E

Decision Date: August 27, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 242

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.17000 – Other

Charging party alleged that union removed him from union position because he also held an office in the Classified Senate. Board found that since Classified Senate is not an “employee organization” under EERA, holding office in such an organization is not protected activity.

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

PERB has long held that the standard applied in cases involving employer discrimination is appropriate in cases alleging discrimination by an employee organization. Charging party alleged that union removed him from union position because he also held an office in the Classified Senate. Board found that since Classified Senate is not an “employee organization” under EERA, holding office in such an organization is not protected activity. PERB has been reluctant to interfere in the internal affairs of an employee organization unless those affairs impact the member’s relationship with his employer. Charging party’s allegation that he was removed from union office fails to establish unlawful interference since his relationship with his employer was not impacted. Union’s refusal to allow employee to run for the negotiating committee was not adverse act because it didn’t impact his relationship with employer.

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

EERA section 3543.1(a) provides that an employee organization may establish reasonable restrictions regarding its membership. Charging party’s allegation that he was removed from union office fails to implicate EERA section 3543.1(a) since his membership was not affected.