Decision 2116H – California Faculty Association (Williams)
LA-CO-501-H
Decision Date: June 14, 2010
Decision Type: PERB Decision
Description: Charging Party alleged that the California Faculty Association violated the Higher Education Employer-Employee Relations Act by refusing to allow non-union members to cast a vote to determine support for a proposed two-day-a-month furlough program.
Disposition: The Board adopted a Board agent’s dismissal finding that the union was allowed to exclude non-members from voting on the proposed furlough program where the union provided sufficient opportunity for non-members to communicate their views on the matter. Additionally, 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.
Perc Vol: 34
Perc Index: 101
Decision Headnotes
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.
800.01000 – 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.
800.03000 – 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.
800.04000 – 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.
800.05000 – 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.
801.01000 – 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.
801.08000 – 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.
806.02000 – 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.