Decision 2220E – California School Employees Association and its Chapter 724 (Walker)

LA-CO-1449-E

Decision Date: November 16, 2011

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 84

Decision Headnotes

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

Generally, PERB will not review matters concerning internal union affairs unless they have a substantial impact on the relationship of unit members to their employer so as to give rise to the duty of fair representation. To the extent alleged removal from union job steward position relates to internal union affairs, charge fails to demonstrate that harm or injury was caused to the employer-employee relationship, and fails to establish violation of the duty of fair representation. Allegations concerning failure to allow membership a platform to discuss contract ratification does not contain sufficient detail to demonstrate an unfair practice occurred.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Appeal that fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal pursuant to PERB Regulation 32635(a).

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

Appeal that fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal pursuant to PERB Regulation 32635(a). Board does not consider new allegations and evidence, where appeal provides no reason why they could not have been alleged in the original charge or in an amended charge.