Decision 2117H – California Faculty Association (Halcoussis)
LA-CO-502-H
Decision Date: June 14, 2010
Decision Type: PERB Decision
Perc Vol: 34
Perc Index: 100
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.