Decision 1885E – Kern High Faculty Association, CTA/NEA (Maaskant)
LA-CO-1212-E
Decision Date: February 14, 2007
Decision Type: PERB Decision
Description: The Board affirmed the dismissal of an unfair practice charge in which the charging party alleged the Faculty Association committed an unfair labor practice when it refused to let the charging party serve on its representative council because he was an agency fee payer.
Disposition: Noting it had limited jurisdiction over cases involving internal union affairs, the Board held that it lacked jurisdiction over the duty of fair representation charge because it failed to allege the Faculty Association’s decision adversely affected the charging party’s relationship with his employer.
Perc Vol: 31
Perc Index: 63
Decision Headnotes
101.01000 – In General
The Board lacks jurisdiction over alleged constitutional violations.
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.
806.02000 – 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.