Decision 1885E – Kern High Faculty Association, CTA/NEA (Maaskant)

LA-CO-1212-E

Decision Date: February 14, 2007

Decision Type: PERB Decision

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Perc Vol: 31
Perc Index: 63

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.01000 – In General

The Board lacks jurisdiction over alleged constitutional violations.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

The Board will not interfere in the internal affairs of a union unless they have a substantial impact on the relationships of unit members to their employers so as to give rise to a duty of fair representation, or involve retaliations for protected activity.

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

The Board will not interfere in the internal affairs of a union unless they have a substantial impact on the relationships of unit members to their employers so as to give rise to a duty of fair representation, or involve retaliations for protected activity. Regarding union officer positions, participation in union elections is an internal union affair. Accordingly, the Board traditionally declines to interfere in union elections unless they substantially impact the member’s relationship with his/her employer.