Decision 1855H – Coalition of University Employees (Higgins)

SF-CO-157-H

Decision Date: August 29, 2006

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 157

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

The statutes administered by PERB provide employees with no protected rights in the organization or operation of their exclusive representative unless the internal activities of the employee organization have an impact on the employer-employee relationship. PERB has traditionally refrained from reviewing the internal affairs of unions. The Board has intervened in the internal affairs of a union when alleged retaliation against the members for their union participation went beyond solely internal union activities or relations and impacted the employment relationship. In this case, the allegation that the charging party was removed from office as statewide president of CUE for the remainder of her term are solely internal union activities and are not protected by HEERA.

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

The Board has intervened in the internal affairs of a union when alleged retaliation against the members for their union participation went beyond solely internal union activities or relations and impacted the employment relationship.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.02000 – Internal Union Procedures

The statutes administered by PERB provide employees with no protected rights in the organization or operation of their exclusive representative unless the internal activities of the employee organization have an impact on the employer-employee relationship.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

Charging party failed to state a prima facie case that the Association violated its duty of fair representation.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Appeal must set forth the specific issues of procedure, fact, law or rationale to which appeal is taken. This includes identification of the page or part of the dismissal to which each appeal is taken and state the grounds for each issue. (PERB Reg. 32635.)

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.01000 – In General

The Board dismissed the charge because the appeal did not meet the requirements of PERB Regulation 32635. The appeal did not state the specific basis for the appeal, raised new allegations without good cause and did not meet technical requirements.