No Dismissal of Allegation Unless in Warning Letter

Lake Elsinore Unified School District (2018) PERB Decision No. 2548 (Issued on 2/2/18)

This case involved an unfair practice charge that alleged various forms of retaliation. After being amended three times, and a warning letter being issued, the Board agent dismissed the charge. On appeal, the Board reversed the dismissal for further consideration by the Office of the General Counsel. Specifically, the Board held that the warning letter and dismissal did not consider an alternative theory of retaliation advanced by the charging party.

Board held that,

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Board: Written Letter Constituted Declaration of Impasse

City of Salinas (2017) PERB Order No. Ad-457-M (Issued on 1/4/18) One of the triggers for requesting factfinding under the MMBA is a “written notice of a declaration of impasse.” (Gov. Code §3505.4.) The issue in this case was whether a letter from a City stating that it had met its obligations to meet and confer with the union—but never uses the term “impasse”—nevertheless constitutes a written declaration of impasse under the MMBA. The Office of the General Counsel held that such a letter did not constitute a declaration of impasse.  The Board reversed. The Board held that the meaning…

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Rare Case of PERB Taking Jurisdiction Over a Transit Agency

San Diego Metropolitan Transit System (2018) PERB Order No. Ad-460-M (Issued on 1/23/18) This case was interesting because most independent transit districts, such as the San Diego Metropolitan Transit System (System), are not subject to PERB’s jurisdiction.  But here, the System’s enabling statutes give the State Mediation and Conciliation Service (SMCS) jurisdiction to investigate and issue determinations concerning representation. These enabling statutes were enacted back when SMCS was under the jurisdiction of the Department of Industrial Relations. But in 2012, SCMS was transferred to PERB. Following the transfer PERB issued regulations governing SMCS’s handling of cases arising under the various…

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Board: Original Signatures Only for Proof of Support

Regents of the University of California (2018) PERB Order Ad-459-H (Issued on 1/19/18)

The San Diego House Staff Association (Association) filed a petition for unit modification seeking to add employees to an existing bargaining unit. As proof of support, the Association provided printouts of employees’ electronic signatures in favor of representation by the union. The Office of the General Counsel dismissed the petition on the grounds that the Association did not provide the employees’ original signatures. The Board affirmed.

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Board Declines to Order “Live Reading” Remedy

United Teachers of Los Angeles (2017) PERB Decision No. 2545-E (Issued on 12/28/17)

I’ve been meaning to discuss this case which was issued late last year.  The most interesting issue in this case was the union’s request for a “live reading” order as a remedy to the unfair practices by the employer. In this case, a pair of charter schools were found to have violated the rights of the union and employees when the principal of one of the schools terminated an after-school meeting between a union organizer and teachers, and made coercive statements. The other school principal was found to have refused to allow union organizers to enter into one of the schools to meet with teachers.

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