Decision 1733E – California School Employees Association and Its Chapter 36 (Peterson)
LA-CE-1174-E
Decision Date: December 28, 2004
Decision Type: PERB Decision
Description: Peterson alleged that CSEA discriminated against him by barring him from running for union office.
Disposition: The Board dismissed the job since Peterson did not demonstrate any impact of the CSEA’s conduct on the employer-employee relationship. Exclusion from participation in a union election is not the same as suspension or dismissal from membership.
Perc Vol: 29
Perc Index: 50
Decision Headnotes
300.01000 – In General
Participation in classified senate (not an employee organization) is not protected. Consultation with employer officials about matters outside of scope of representation not protected.
300.04000 – Individual/Concerted/Activities/Self-Representation
Amendments to EERA enacted in 2000 eliminated a protected right of self-representation under EERA. (Woodland Joint Unified School District (2004) PERB Decision No. 1722.) Participation in classified senate (not an employee organization) is not protected. Consultation with employer officials about matters outside of scope of representation not protected.
300.17000 – Other
Participation in classified senate (not an employee organization) is not protected. Consultation with employer officials about matters outside of scope of representation not protected.
801.03000 – Employee Right to Participate; Improper Discipline or Refusal to Admit to Membership
Peterson’s exclusion from running for union office is not an adverse action. Participation in union elections is an internal union affair and the Board has traditionally refused to interfere in the internal union affairs of an employee organization unless those affairs impact the member’s relationship with his/her employer. Peterson has not demonstrated any impact on the employer-employee relationship by CSEA precluding him from running for office. Contrast the Board’s ruling in California Union of Safety Employees (Coelho) (1994) PERB Decision No. 1032-S. Exclusion from participation in a union election is not the same as suspension or dismissal from membership in the union, a matter subject to Board review under EERA section 3543.1(a).
801.04000 – Union Rules and Discipline in General; Union Dues and Fees; Fines, Assessments, Etc.
Peterson’s exclusion from running for union office is not an adverse action. Participation in union elections is an internal union affair and the Board has traditionally refused to interfere in the internal union affairs of an employee organization unless those affairs impact the member’s relationship with his/her employer. Peterson has not demonstrated any impact on the employer-employee relationship by CSEA precluding him from running for office. Contrast the Board’s ruling in California Union of Safety Employees (Coelho) (1994) PERB Decision No. 1032-S. Exclusion from participation in a union election is not the same as suspension or dismissal from membership in the union, a matter subject to Board review under EERA section 3543.1(a).
801.08000 – Other
PERB has applied the standard for determining employer discrimination to cases alleging discrimination by the employee organization. Peterson’s exclusion from running for union office is not an adverse action. Participation in union elections is an internal union affair and the Board has traditionally refused to interfere in the internal union affairs of an employee organization unless those affairs impact the member’s relationship with his/her employer. Peterson has not demonstrated any impact on the employer-employee relationship by CSEA precluding him from running for office. Contrast the Board’s ruling in California Union of Safety Employees (Coelho) (1994) PERB Decision No. 1032-S.