Decision 1733E – California School Employees Association and Its Chapter 36 (Peterson)

LA-CE-1174-E

Decision Date: December 28, 2004

Decision Type: PERB Decision

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Perc Vol: 29
Perc Index: 50

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
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).

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
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).

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
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.