Decision 2049S – Service Employees International Union Local 1000 (Hernandez)

SA-CO-371-S

Decision Date: July 3, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 129

Decision Headnotes

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

The duty of fair representation is a duty the exclusive representative owes to members of the bargaining unit. That duty does not apply individually to charging party, a suspended union officer.

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.

PERB will not intervene in disputes that involve only the internal union activities of an employee organization, unless those activities substantially impact employer-employee relations. Charging party did not show that his one-year suspension from union membership had a substantial impact on his employment relationship with his employer. PERB's authority to determine whether a union membership provision is reasonable, includes whether the provision is reasonable as applied. Charging party failed to show that the union breached its voting policies in voting to suspend his membership. Charging party was also given notice of the disciplinary hearing and had an opportunity to present evidence. Finally, the hearing panel's delay in issuing his recommendation was excused because the union policies allowed for extensions of time. Union has a right to discipline a member involved in a decertification campaign against his own union. Membership rules barring suspended member from participating in union activities, including international convention, are not unreasonable.