Decision 2069H – State Employees Trades Council United (Ventura, et al.)

LA-CO-493-H

Decision Date: October 5, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 168

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.01000 – In General

HEERA protects employees' rights to either participate in the activities of employee organizations or to refrain from participating in such activities.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.02000 – Abstention From Concerted Activity – Protected Activity

Charging parties failed to establish that they engaged in protected activity by refusing to comply with union’s request that they participate in a demonstration in support of another union, where the charge failed to allege any facts showing that they ever affirmatively declined to participate in the demonstration. Even if they did, charging parties failed to establish that union was aware of their decision. To prove the knowledge element of the prima facie retaliation case, charging parties must establish "actual knowledge," meaning that the relevant individual or entity actually knew of the fact in question or was otherwise "clearly informed" of that fact.

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

Charging parties failed to establish that union was aware of their decision not to comply with union’s request that they participate in a demonstration in support of another union. To prove the knowledge element of the prima facie retaliation case, charging parties must establish "actual knowledge," meaning that the relevant individual or entity actually knew of the fact in question or was otherwise "clearly informed" of that fact.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.02000 – Employee Right to Refrain from Union Activities

Charging parties failed to establish that they engaged in protected activity by refusing to comply with union’s request that they participate in a demonstration in support of another union, where the charge failed to allege any facts showing that they ever affirmatively declined to participate in the demonstration. Even if they did, charging parties failed to establish that union was aware of their decision. To prove the knowledge element of the prima facie retaliation case, charging parties must establish "actual knowledge," meaning that the relevant individual or entity actually knew of the fact in question or was otherwise "clearly informed" of that fact.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.05500 – Discrimination

Charging parties failed to establish a nexus between their decision not to comply with their union’s request that they participate in a demonstration in support of another union and the union’s decision to support a reduction in charging parties’ salaries.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
804.02000 – Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)

Because the union's duty to bargain in good faith is owed to the employer and not to the individual employees, individual employees do not have standing under HEERA to allege that a union has breached that duty by violating a memorandum of understanding.

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

Charging parties sufficiently placed respondent, as well as the Board, on notice of the issues raised on appeal; therefore the appeal is not dismissed for failure to comply with PERB Regulation 32635(a).

1501.00000 – MISCELLANEOUS ISSUES; FINANCIAL REPORTS
1501.01000 – In General

Under HEERA section 3587, charging parties do not need to demonstrate whether union’s annual financial report or its quarterly reports qualify as "a balance sheet and an operating statement." Rather, all charging parties must do is request the "financial report." The union’s failure to provide the financial report upon request denied charging parties the rights guaranteed by HEERA section 3587. The appropriate remedy for this violation is to remand this case to the General Counsel's Office to process the charge in accordance with the Board's decision.