Decision 2964E – Turlock Teachers Association (Ruiz)
SA-CO-674-E
Decision Date: May 20, 2025
Decision Type: PERB Decision (Non-Precedential)
Description: Elias Ruiz alleged that his bargaining unit’s exclusive representative, Turlock Teachers Association, breached its duty of fair representation and discriminated against him and other employees who chose not to be members of the Association. Ruiz mainly alleged that the Association excluded him (and other non-members) from attending union meetings and voting whether to ratify labor agreements, and that these exclusions adversely impacted his relationship with the District. PERB’s Office of the General Counsel (OGC) dismissed Ruiz’s charge, finding that he failed to state a claim of any EERA violation. Among other considerations, OGC noted it is well-settled that a union may exclude non-members from a contract ratification vote.
Disposition: In a non-precedential decision, the Board affirmed OGC’s dismissal. The Board further noted that Ruiz misinterprets the United States Supreme Court’s decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31 (2018) 585 U.S. 878 (Janus). Janus did not overrule precedent holding that a union may exclude non-members from voting as long as the union provides non-members with an opportunity to communicate their views, nor did it alter the requirement that a charging party must allege facts showing that the union’s alleged discrimination constituted adverse action and impacted the employer-employee relationship.
Perc Vol: 50
Perc Index: 1
Decision Headnotes