Decision 2116H – California Faculty Association (Williams)

LA-CO-501-H

Decision Date: June 14, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 101

Decision Headnotes

100.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA
100.01000 – In General

Unfair practice charge allegation that employer violated non-union member rights to freely associate under the U.S. Constitution was dismissed as PERB lacks jurisdiction to enforce the provisions of the U.S. Constitution.

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

Unfair practice charge against union for failure to allow non-members to cast a vote to determine support for a proposed two-day-a-month furlough program was dismissed. A union may exclude non-members from voting as long as the union provides the employees some opportunity to communicate their views. PERB will not interfere with matters of internal union affairs where there was no showing of a substantial impact on the employer-employee relationship so as to give rise to the duty of fair representation.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.03000 – Negotiations

Unfair practice charge against union for failure to allow non-members to cast a vote to determine support for a proposed two-day-a-month furlough program was dismissed. A union may exclude non-members from voting as long as the union provides the employees some opportunity to communicate their views. PERB will not interfere with matters of internal union affairs where there was no showing of a substantial impact on the employer-employee relationship so as to give rise to the duty of fair representation.

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

Unfair practice charge against union for failure to allow non-members to cast a vote to determine support for a proposed two-day-a-month furlough program was dismissed. A union may exclude non-members from voting as long as the union provides the employees some opportunity to communicate their views. PERB will not interfere with matters of internal union affairs where there was no showing of a substantial impact on the employer-employee relationship so as to give rise to the duty of fair representation.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.05000 – Mode or Adequacy of Representation/Advocacy

Unfair practice charge against union for failure to allow non-members to cast a vote to determine support for a proposed two-day-a-month furlough program was dismissed. A union may exclude non-members from voting as long as the union provides the employees some opportunity to communicate their views. PERB will not interfere with matters of internal union affairs where there was no showing of a substantial impact on the employer-employee relationship so as to give rise to the duty of fair representation.

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

Unfair practice charge against union for failure to allow non-members to cast a vote to determine support for a proposed two-day-a-month furlough program was dismissed. A union may exclude non-members from voting as long as the union provides the employees some opportunity to communicate their views. PERB will not interfere with matters of internal union affairs where there was no showing of a substantial impact on the employer-employee relationship so as to give rise to the duty of fair representation.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.08000 – Other

Unfair practice charge against union for failure to allow non-members to cast a vote to determine support for a proposed two-day-a-month furlough program was dismissed. A union may exclude non-members from voting as long as the union provides the employees some opportunity to communicate their views. PERB will not interfere with matters of internal union affairs where there was no showing of a substantial impact on the employer-employee relationship so as to give rise to the duty of fair representation.

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

PERB will not interfere with matters of internal union affairs where there was no showing of a substantial impact on the employer-employee relationship so as to give rise to the duty of fair representation. Unfair practice charge against union for failure to allow non-members to cast a vote to determine support for a proposed two-day-a-month furlough program was dismissed.