Decision 1815S – CDF Firefighters (Pittman)
SA-CO-262-S
Decision Date: February 7, 2006
Decision Type: PERB Decision
Description: The unfair practice charge alleged that the union violated the Dills Act by imposing an illegal trusteeship, having internal union charges filed against him, having facts ignored and imposing inappropriate penalties at a committee proceeding; having its attorneys file false police reports, and having a report submitted which alleged a violation of the Penal Code.
Disposition: The Board dismissed the charge for failure to state a prima facie case as to each of the allegations. In discrimination charges filed against employee organizations based on internal union activity, the charge must demonstrate that the internal union conduct had an impact on employer-employee relations. In addition, the adverse action taken by the employee organization must have some impact on employer-employee relations. The charge failed to demonstrate that there was any impact on employer-employee relations.
Perc Vol: 30
Perc Index: 59
Decision Headnotes
801.01000 – In General
A party must specifically describe why a procedure or its application is unreasonable. In this case, the charging party failed to do so. In discrimination charges filed against employee organizations based on internal union activity, the charge must demonstrate that the internal union conduct had an impact on employer-employee relations. In addition, the adverse action taken by the employee organization must have some impact on employer-employee relations. In this case, there was no impact on the employer-employee relations. The test under Dills Act section 3515.5 only applies to an employee who has been suspended or expelled from union membership.
801.03000 – Employee Right to Participate; Improper Discipline or Refusal to Admit to Membership
A party must specifically describe why a procedure or its application is unreasonable. In this case, the charging party failed to do so. The test under Dills Act section 3515.5 only applies to an employee who has been suspended or expelled from union membership.
801.04000 – Union Rules and Discipline in General; Union Dues and Fees; Fines, Assessments, Etc.
A party must specifically describe why a procedure or its application is unreasonable. In this case, the charging party failed to do so. In discrimination charges filed against employee organizations based on internal union activity, the charge must demonstrate that the internal union conduct had an impact on employer-employee relations. In addition, the adverse action taken by the employee organization must have some impact on employer-employee relations. In this case, there was no impact on the employer-employee relations. The test under Dills Act section 3515.5 only applies to an employee who has been suspended or expelled from union membership.