Court and Public Employment Relations Board (PERB) decisions, commentary on California public sector labor relations

Claremont Unified School District (2014) PERB Decision No. 2357-E (Issued on 2/21/14)

This case involves an unfair practice charge filed by an individual employee alleging various acts of discrimination and interference with employee rights.  The employer responded by asserting that the charge should be deferred to arbitration.  Consistent with PERB’s application of the Collyer deferral standards, the Board agent requested and received confirmation from the employer that it was willing to arbitrate the dispute.  The charge was then deferred to arbitration and dismissed.

California School Employees Association & its Chapter 47 (Shampine, et al) (2014) PERB Decision No. 2355-E (Issued on 2/14/14)

This is a duty of fair representation case under EERA.  One of the allegations was that the union failed to make financial records available to a union member. 

County of Fresno (2014) PERB Decision No. 2352-M (Issued on 1/29/14)

It’s not uncommon for a party to request to withdraw exceptions that have been filed to a proposed decision.  This usually occurs where there is a settlement.  The Board has to consent to the withdrawal of exceptions, but generally allows it.  Once the exceptions are withdrawn, the underlying ALJ decision becomes final.  Sometimes a party will also ask that the underlying unfair practice charge be withdrawn and/or that the ALJ decision be vacated.  That’s what occurred in this case.  The party that filed exceptions requested that they be withdrawn and also requested to withdraw the “underlying unfair practice charge without prejudice.”  The opposing party had no objections to the withdrawal of the exceptions but argued that the underlying unfair practice charge should only be withdrawn with prejudice.  The Board agreed with the opposing party.