Decision 2088S – California Statewide Law Enforcement Association (Edelen and Lewis)

SA-CO-434-S

Decision Date: December 31, 2009

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 33

Decision Headnotes

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

Notwithstanding a “maintenance of membership” clause permitting employees to withdraw from union membership only during the last 30 days before expiration of the contract, union members were entitled to withdraw from membership after expiration of the contract but before the parties entered into a successor agreement. By requiring the parties to continue to abide by the terms of the expired agreement until a new agreement or impasse is reached, Dills Act section 3517.8 effectively imposes the existing contractual terms on the parties on a day-to-day basis. Accordingly, by refusing to honor members’ requests to withdraw from membership after expiration of a collective bargaining agreement, the union violated their rights under Dills Act sections 3513(i), 3515 and 3519.5(b). Additionally, while motive is an element of discrimination or retaliation, motive or intent is not an issue in interference cases, and the charging party “need only make a prima facie showing that the respondent's conduct tends to or does result in harm to employee rights.”

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.01000 – In General

Argument that case was not ripe for review because employees did not request to withdraw from union membership until four months after expiration of contract is rejected. Continued union membership can only be required until 30 days prior to the expiration of the contract, and union was not free to refuse to honor requests to withdraw made after the expiration but prior to the effective date of a successor agreement.

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

Notwithstanding a “maintenance of membership” clause permitting employees to withdraw from union membership only during the last 30 days before expiration of the contract, union members were entitled to withdraw from membership after expiration of the contract but before the parties entered into a successor agreement. By requiring the parties to continue to abide by the terms of the expired agreement until a new agreement or impasse is reached, Dills Act section 3517.8 effectively imposes the existing contractual terms on the parties on a day-to-day basis. Accordingly, by refusing to honor members’ requests to withdraw from membership after expiration of a collective bargaining agreement, the union violated their rights under Dills Act sections 3513(i), 3515 and 3519.5(b).

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.07000 – Administrative and Judicial Notice

PERB has the authority to consider legislative history materials sua sponte.