Category: PERB Decision

County of Butte (2016) PERB Dec. No. 2492-M (Issued on 6/30/16) I thought this case was interesting because of the remedy ordered by PERB. Here, there was an existing bargaining unit represented by the Butte County Employees Association (BCEA). Another union, United Public Employees of California (UPEC), filed a petition to modify the unit by transferring certain classifications into a new unit. The County took the position that BCEA had to qualify to be on the ballot; and when BCEA did not “qualify,” the County withdrew recognition and withheld dues from BCEA. This unfair practice charge followed. The Board affirmed…

Petaluma City Elementary School District (2016) PERB Decision No. 2485-E (Issued on 6/30/16) [Note: With summer vacations and my schedule, I’ve not been able to write about the flurry of PERB decisions that were issued right before the end of the fiscal year.  I intend to catch up by posting about those decisions in the next couple of weeks] In this decision, the Board partially overturned a Board agent’s dismissal of an unfair practice charge. One of allegations was that the County unreasonably delayed providing necessary and relevant information in response to a union request. According to the charge, the…

Regents of the University of California (2016) PERB Decision No. A434-H (Issued on 02/29/16)

You’ve heard it before: “Every Vote Counts!” But do you believe it? You will after reading about this case.

The Teamsters were trying to organize the “skilled crafts unit” at the University of California at Davis. PERB mailed ballots to the 314 eligible members of the proposed bargaining unit. Each mailing from PERB included a blue, postage-paid return envelope with the voter’s name and address, and blank lines for the voter to print and sign his or her name; an official ballot; a one-page voter instruction sheet; and a white secret ballot envelope. Voters were instructed to mark their ballot, seal it inside the secret ballot envelope, and seal the secret ballot envelope in the blue return envelope.

United Teachers of Los Angeles (Raines, et al) (2016) PERB Decision No. 2475-E (Issued on 2/29/16)

It’s well-settled that a union, as the exclusive representative, owes a duty of fair representation (DFR) to its bargaining unit members. The general rule is that a union violates its DFR when its conduct is “arbitrary, discriminatory, or in bad faith.” This standard gives a lot of deference to the union and there are very few cases where PERB has found a violation. So when PERB issues a decision finding a DFR violation, it’s definitely worth taking a look.