CPER
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CPER Online PERB Decisions by Subject

DUTY OF FAIR REPRESENTATION

Dills Act

Union’s conduct did not breach its duty of fair representation (Gutierrez v. Service Employees International Union, Loc. 1000, No. 2191-S/CPER 203 online

EERA

Adverse impact of contract terms on unmarried bargaining unit members does not state DFR breach (Hayek et al v. Baldwin Park Education Assn.) No. 2223/CPER 205 online

Allegations fail to assert facts showing breach of duty of fair representation in handling grievances (Milner v. California School Employees Assn.) No. 2224/CPER 205 online

Basis for seeking disqualification of board agent addressed by PERB (Adams v. United Teachers of Los Angeles) No. 2205-E/CPER 204 online

Because party’s relationship with district not impacted, charge does not allege DFR breach: Fillmore Unified Teachers Assn. (Hood v. Fillmore Unified Teachers Assn.) No. 2274//CPER 207 online

Dismissal of DFR charge upheld: SEIU Loc. 1021 (Harris v. SEIU, Loc.1021) No. 2275/ CPER 207 online

Failure to assert Education Code violations on employee’s behalf was beyond union’s duty of fair representation (Grace v. Beaumont Teachers Assn./CTA) No. 2259/CPER 206 online

Failure to file grievance not DFR breach: Los Angeles County Education Assn. (Sanders v. Los Angeles County Education Assn.) No. 2264/CPER 207 online

Negligent grievance handling did not breach duty of fair representation (Grace v. Beaumont Teachers Assn./CTA) No. 2260/CPER 206 online

No allegations of DFR breach presented in unfair practice charge (Davis v. California School Employees Assn. and its Chap. 724) No. 2208/CPER 204 online

No DFR breach where union’s actions on behalf of another employee were unfavorable to charging party (Erwin v. California School Employees Assn.) No. 2240/CPER 206 online

No DFR violation alleged in charge by former steward (Walker v. California School Employees Assn. and its Chap. 724) No. 2220/CPER 205 online

No basis for appeal of dismissal of DFR charge: Oxnard Federation of Teachers (Collins v. Oxnard Federation of Teachers) No. 2266/CPER 207 online

No good cause to consider new allegations on appeal (Cauble v. Barstow College Faculty Assn.) No. 2256/CPER 206 online

HEERA

Bonus granted to non-represented employees only did not discriminate against union-represented bargaining unit (Coalition of University Employees v. Regents of the University of California [Irvine]) No. 2177-H/CPER 202 online

MMBA

Absent specific factual allegations, charge failed to state prima facie DFR breach (Crandell v. Service Employees International Union, Loc. 1021) No. 2202-M/CPER 204 online

ALJ’s finding of unalleged DFR violation was not fully litigated: SEIU Loc. 1021 (Sahle v. SEIU Loc. 1021) No. 2261-M/CPER 207 online

Allegations fall short of demonstrating union conduct in violation of its duty of fair representation (Joshua v. Service Employees International Union, Loc. 1021) No. 2225-M/CPER 205 online

Alleged failure to notify employee of her right not to join union states prima facie case (Fowles v.Office and Professional Employees International Union, Loc. 29) Nos. 2236-M, 2236a-M/CPER 206 online

Charge is untimely and fails to assert facts showing DFR breach: AFSCME Council 36 (Moore v.American Federation of State, County and Municipal Employees, Council 36)No. 2165-M/ CPER 207 online

DFR charge not supported by clear, concise statement of facts (Hayes v. Service Employees International Union-United Healthcare Workers West, Loc. 2005) No. 2168-M//CPER 202 online

Insufficient facts alleged in support of claimed DFR breach relating to arbitration (Horan v. Service Employees International Union, Loc. 1021) No. 2204-M/CPER 204 online

No DFR breach alleged in charge (Crandell v. Service Employees International Union, Loc. 1021) No. 2169-M//CPER 202 online

No duty of fair representation breached where available remedies were not contractually based (Rosa v. California Nurses Assn.) No. 2182-M/CPER 203 online

No standing to make DFR claim where charging party is outside the bargaining unit (Harper v. Alameda County Management Employees Assn.) No. 2198-M/CPER 204 online

Union’s conduct did not breach duty of fair representation (Chow v. Service Employees International Union, Loc. 521) No. 2186-M/CPER 205 online

Union’s conduct satisfied its duty of fair representation to disciplined employee (Jacala v. Service Employees International Union, Loc. 1021) No. 2188-M/CPER 203 online

Violation of duty of fair representation not supported by allegations in the charge (Smith v. Service Employees International Union United Long Term Care Workers) No. 2247-M/CPER 206 online

Trial Court

Appeal withdrawn and proposed decision vacated (California Federation of Interpreters Local 39521 v. Los Angeles Superior Court) No. 2179-I/CPER 203 online

Charge not filed in timely manner (Zhang v. California Media Workers Guild/CWA/Loc. 39521) No. 2245-I/CPER 206 online

 

JUDICIAL REVIEW

HEERA

Unit modification ruling that did not present novel issue is not appropriate for judicial review (Regents of the University of California v. Coalition of University Employees) Order No. JR-26-H/CPER 204 online

 

PERB PROCEDURE

EERA

Amended charge, received before board agent’s deadline, remanded to general counsel (Lagos v. United Educators of San Francisco) No. 2232/CPER 206 online

Basis for seeking disqualification of board agent addressed by PERB (Adams v. United Teachers of Los Angeles) No. 2205-E/CPER 204 online

Charge dismissed as untimely, not based on collateral estoppel (Bussman v. Alvord Educators Assn.) No. 2189/CPER 203 online

Charge of retaliation untimely (Bonner v. Charter Oak Unified School Dist.) No. 2159/CPER 202 online

Charging party’s appeal of dismissal was untimely filed and failed to provide specific basis for appeal (Perez v. California School Employees Assn. and its Chap. 746) No. 2187/CPER 203 online

Good cause exists for district’s late response to appeal (Santa Monica College Faculty Assn. v. Santa Monica Community College Dist.) No. Ad-393-E/CPER 206 online

No good cause to consider new allegations on appeal (Cauble v. Barstow College Faculty Assn.) No. 2256/CPER 206 online

HEERA

Dismissal of issues pending on appeal ‘honors’ the parties’ settlement agreement (California State University Employees Union v. Trustees of the California State University [San Marcos]) No. 2195-H/CPER 204 online

Duty of fair representation dismissed as untimely (Kyrias v. CSU Employees Union, Service Employees International Union, Loc. 2579) No. 2175-H/CPER 202 online

Ex parte communication during charge-processing stage is permissible investigatory practice (Witke v. UPTE-CWA Local 9119) No. 2253-H/CPER 206 online

MMBA

Charge challenging county’s refusal to recognize union as exclusive representative under local rules untimely filed (Committee of Interns & Residents/Service Employees International Union v. County of Riverside) No. 2176-M/CPER 202 online

Events alleged to breach union’s representation duty occurred outside limitations period (Hosny v. IFPTE, Local 21, AFL-CIO) No. 2192-M/CPER 203 online

Good cause found to excuse late filing of amended charge (Pecore v. Fallbrook Public Utility Dist.) No. 2229-M/CPER 206 online

Limitations period runs from knowledge, not understanding, of union’s action claimed to be DFR breach (Scholink v. Service Employees International Union-United Healthcare Workers West) No. 2172-M/CPER 202 online

Sufficient allegations of unfair practice within limitations period lacking (Gordon v. City of Santa Monica) No. 2246-M/CPER 206 online

Trial Court

Charge not filed in timely manner (Zhang v. California Media Workers Guild/CWA/Loc. 39521) No. 2245-I/CPER 206 online

 

REPRESENTATION RULINGS

Dills Act

Petition to sever peace officers from state bargaining unit 7 denied (State of California, Peace Officers of California, and California Statewide Law Enforcement Assn.) No. 2214-S/CPER 205 online

Severance petition aimed at State Bargaining Unit 1 dismissed (State of California, IT Bargaining Unit 22, and Service Employees International Union, Loc. 1000, CSEA) No. 2178-S/CPER 203 online

EERA

Appeal in unit modification case withdrawn (Coalinga-Huron Joint Unified School Dist. and Coalinga-Huron Teachers Assn.) No. 2180/CPER 203 online

Dean of instruction, director of international studies are management employees, not appropriately included in petitioned-for bargaining unit (Santa Barbara Community College Dist. and Teamsters Loc. Union No. 186) No. 2212/CPER 204 online

Noon-duty playground aides do not share community of interest with classified employees (Castaic Union School Dist. and CSEA Chap. 401) No. Ad-384/CPER 205 online

Peralta presumption applied to charter school teachers (Orcutt Union Elementary School Dist. and Orcutt Education Assn., CTA/NEA) No. 2183/CPER 203 online

Reconsideration denied in decision not to sever most campus police officers and reserve officers from existing unit (Victor Valley Community College Dist. and Police Officers Assn., Victor Valley Community College Dist. Police Dept. and California School Employees Assn., and its Chap. 584) Ad-No. 388a/CPER 202 online

HEERA

Reclassified positions reflect additional duties; no longer part of the clerical bargaining unit (Regents of the University of California and Coalition of University Employees) No. 2185-H/CPER 203 online

UC police sergeants are supervisors, not entitled to entry in rank-and-file bargaining unit (Regents of the University of California and Federated University Police Officers Assn.) No. 2217-H/CPER 205 online

MMBA

Allowing mixed unit of peace officers and non-peace officers did not violate MMBA (Service Employees International Union, Loc. 21 v. County of Calaveras; Calaveras County Public Safety Employees Assn., intervener) No. 2253-M/CPER 206 online

Board sent issue of joint employer status back to ALJ for expedited hearing and decision: County of Ventura (Union of American Physicians & Dentists v. County of Ventura) No. 2272-M/CPER 207 online

Lead workers share community of interest with employees in petitioned-for unit (City of Palmdale and Teamsters Loc. 911) No. 2203-M/CPER 204 online

PERB lacks jurisdiction to process severance petition where local rule does not unduly burden petitioner (City of Inglewood, Inglewood Police Civilians Assn., and Service Employees International Union, Loc. 721) No. Ad-390-M/CPER 204 online

Showing of support from 15 percent of ‘donor’ unit under local agency rule is unreasonable (Riverside Sheriffs’ Association v. County of Riverside) No. 2239-M/CPER 206 online

Trial Court

Charging party failed to demonstrate she was not management employee unprotected by Trial Court Act (Williams v. Operating Engineers Loc. 3) No. 2226-C/CPER 205 online

 

UNFAIR PRACTICES

Dills Act

Alleged changes to correctional officers’ work schedule remanded to general counsel (California Correctional Peace Officers Assn. v. State of California [Dept. of Corrections and Rehabilitation]) No. 2250-S/CPER 206 online

Dismissal of transfer of work charge and failure to negotiate upheld (Service Employees International Union, Loc. 1000 v. State of California [Dept. of Developmental Services]) No. 2234-S/CPER 206 online

Exceptions to proposed decision withdrawn and complaint dismissed following parties’ settlement agreement (California Correctional Peace Officers Assn. v. State of California [Dept. of Personnel Administration/Dept. of Corrections and Rehabilitation]) No. 2197-S/CPER 204 online

Legality of post-impasse implementation of final bargaining proposals turns on impact on union’s bargaining rights, not length of imposed terms (California Correctional Peace Officers Assn. v. State of California [Dept. of Personnel Administration]) No. 2130-S/CPER 203 online

No unilateral change or violation of act where meeting without union president determined bidding status of newly created positions: State of California (CDCR). (California Correctional Peace Officers Assn. v. State of California [Dept. of Corrections & Rehabilitation]) No. 2156-S/CPER 202 online

Novato, Carlsbad, and Campbell standards clarified by PERB (California Correctional Peace Officers Assn. v. State of California [Dept. of Personnel Administration]) No. 2106a-S/CPER 202 online

Record does not support claim that charging party suffered retaliation for protected activity or denial of representation rights: Board of Equalization (Gutierrez v. State of California [Board of Equalization]) No. 2237-S/CPER 206 online

Release of probationary employee not linked to protected activity(Whitney v. County of Riverside) No. 2184-M/CPER 203 online

Unilaterally enacted furlough plan ratified by legislature does not violate act (Union of American Physicians and Dentists v. State of California [Dept. of Personnel Administration]) No. 2210-S/CPER 204 online

EERA

Absent request to negotiate effects of decision to cancel classes, no unfair practice found (Pasadena City College Faculty Assn. v. Pasadena Area Community College Dist.) No. 2218/CPER 205 online

Appeal of dismissal withdrawn after parties reach settlement (Mendocino County Federation of School Employees, American Federation of Teachers, Local 4345 v. Mendocino County Office of Education) No. 2200/CPER 204 online

Appeal taken to exhaust administrative remedies was rejected for failing to take issue with basis for underlying dismissal: Centinela Valley Union High School Dist. (Centinela Valley Union High School Dist. v. Centinela Valley Secondary Teachers Assn.) No. 2270/CPER No. 207 online

Bargaining to impasse over nonnegotiable recoupment proposal was violation of EERA: Berkeley USD. (Berkeley Council of Classified Employees v. Berkeley Unified School Dist.) No. 2268//CPER 207 online

Board explains application of statute of limitations in public notice cases: Standard School Dist. (Garchow et al. v. Standard School Dist.) No. 2273/ CPER No. 207 online

Board orders complaint to issue on retaliation charge (Raines v. Los Angeles Unified School Dist.) No. 2244/CPER 206 online

Charge dismissed as untimely, not based on collateral estoppel (Bussman v. Alvord Educators Assn.) No. 2189/CPER 203 online

Charging party alleges right to association’s financial reports for immediately preceding fiscal year (Lucas v. Rio Teachers Assn.) No. 2157/CPER 202 online

CSEA’s request to withdraw unfair practice charge granted (California School Employees Assn. and its Chap. 354 v. Red Bluff Union High School Dist.) No. 2193/CPER 204 online

Dismissal of untimely charge upheld: San Bernardino City USD (Trotter v. San Bernardino City Unified School Dist.) No. 2278/CPER No. 207 online

Failure to sign off on tentative agreement is not continuing violation (Santa Monica College Faculty Assn. v.Santa Monica Community College Dist. No. 2243/CPER 206 online

Increase in healthcare premiums after expiration of contract not unilateral change (Service Employees International Union, Loc. 1021 v. Sonoma County Office of Education) No. 2160-E/CPER 202 online

Insufficient facts alleged to demonstrate DFR breach (Peavy v. AFT Part-Time Faculty United, Loc. 6286) No. 2194/CPER 204 online

No adverse action in changed office location (Baprawski v. Los Angeles Community College Dist.) No. 2219/CPER 205 online

No basis for appeal of dismissal: Oxnard Union High S.D. (Collins v. Oxnard Union High School Dist., No. 2265/CPER No. 207 online

Request to withdraw appeal of partial dismissal of charge granted: Los Angeles USD. (Chukwu v. Los Angeles Unified School Dist.) No. 2269/CPER 207 online

Reversing ALJ, board finds no evidence that decision not to reemploy teacher was because of protected activity (Fallbrook Elementary Teachers Assn. v.Fallbrook Union Elementary School Dist.) No. 2171/CPER 205 online

Side letter not automatically terminated by execution of subsequent MOU (Council of Classified Employees/AFT, Loc. 4522 v. Palomar Community College Dist.) No. 2213/CPER 204 online

Substitute teacher dismissed for falsifying timecard, not for engaging in protected activity (Heron v. Santa Ana Unified School Dist.) No. 2235/CPER 206 online

Teacher denied mentoring position because of her union activism (Abram v. Chula Vista Elementary School Dist.) No. 2221/CPER 205 online

Union falls short of proving unlawful motivation for district’s decision not to reelect probationary teacher (Lake Elsinore Teachers Assn., CTA v. Lake Elsinore Unified School Dist.) No. 2241/CPER 206 online

Zero-tolerance policy was unilateral change in progressive discipline provision: Fairfield-Suisun USD (Mutual Organization of Supervisors v. Fairfield-Suisun Unified School Dist.) No. 2262/CPER 207 online

 

HEERA

Arbitrator’s award not repugnant to the act (Scholz v. Trustees of the California State University [Long Beach]) No. 2201-H/CPER 204 online

Ex parte communication during charge-processing stage is permissible investigatory practice (Witke v. UPTE-CWA Local 9119) No. 2253-H/CPER 206 online

Reconsideration motion granted and make-whole remedy in board order amended (Coalition of University Employees v. Regents of the University of California [Davis]) No. 2101a-H/CPER 202 online

Request to withdraw charge following global settlement agreement granted (Coalition of University Employees v. Regents of the University of California [Santa Barbara]) No. 2254-H/CPER 206 online

Request to withdraw charge granted (Coalition of University Employees v. Regents of the University of California [Irvine]) No. 2255-H/CPER 206 online

Withdrawal of unfair practice charge granted (Coalition of University Employees, Loc. 4, v. Regents of the University of California [Los Angeles]) No. 2257-H/CPER 206 online

MMBA

ALJ’s proposed decision supported by credibility findings and application of law to those factual findings: County of Santa Clara (Jones v. County of Santa Clara) No. 2267-M/CPER 207 online

Allegations against union state no prima facie case of retaliation (O’Keefe v. Inlandboatmen’s Union of the Pacific) No. 2199-M/CPER 204 online

Allegations fail to state elements of retaliation or Weingarten claim (Jaroslawsky v. City and County of San Francisco) No. 2222-M/CPER 205 online

Allegations fail to support charge that layoff was retaliation for protected activity (Bruno v. County of Contra Costa) No. 2174-M/CPER 202 online

Alleged interference with employees’ right to select representative demonstrated by totality of circumstances (National Union of Healthcare Workers v. Service Employees International Union-United Healthcare Workers West) No. 2249-M/CPER 206 online

Allowing mixed unit of peace officers and non-peace officers did not violate MMBA (Service Employees International Union, Loc. 21 v. County of Calaveras; Calaveras County Public Safety Employees Assn., intervener) No. 2253-M/CPER 206 online

Association’s appeal fails to specify grounds for reversal of partial dismissal (Riverside County Attorneys Assn. v. County of Riverside) No. 2228-M/CPER 205 online

Board grants union’s request to withdraw appeal of dismissal after parties reach agreement (Teamsters Loc. 150, International Brotherhood of Teamsters v. Rio Linda/Elverta Community Water Dist.) No. 2230-M/CPER 206 online

Burden on charging party to provide clear, concise statement of facts to board agent (Hayes v. Antelope Valley Hospital Dist.) No. 2167-M/CPER 202 online

Charge challenging county’s refusal to recognize union as exclusive representative under local rules untimely filed (Committee of Interns & Residents/Service Employees International Union v. County of Riverside) No. 2176-M/CPER 202 online

Charge lacks sufficient allegations that demotion was because of protected activity (Nnachi v. City and County of San Francisco) No. Ad-391-M/CPER 205 online

City failed to participate in impasse procedures in good faith: City of Davis (Davis City Employees Assn. v. City of Davis) No. 2271-M/CPER 207 online

Claimed violations of personnel rules beyond PERB’s jurisdiction (San Juan Capistrano Management & Professional Employees Assn. v.City of San Juan Capistrano) No. 2238-M/CPER 206 online

Contractual right to participate in arbitration did not survive expiration of MOU (Hitchcock v. County of Orange) No. 2155-M/CPER 202 online

County not required to bargain over reduction in hours in light of contractual waiver (Service Employees International Union, Loc. 721 v. County of Ventura [Office of Agricultural Commissioner]) No. 2227-M/CPER 205 online

Dismissal of retaliation charge affirmed (Service Employees International Union, Loc. 221 v. County of San Diego) No. 2258-H/CPER 206 online

Evidence shows city would have rejected charging party on probation absent protected activity (Salas v. City of Alhambra) No. 2161-M/CPER 205 online

Finding retaliation for protected activities, charging party reinstated with full back pay (Brewington v. County of Riverside) No. 2090-M/CPER 202 online

Joint powers agencies within PERB’s MMBA jurisdiction: Central Contra Costa Transit Authority (Amalgamated Transit Union, Loc. 1605 v. Central Contra Costa Transit Authority) No. 2263-M/CPER 207 online

Lead person not acting with apparent authority when he circulated petition to limit union’s access rights (Service Employees International Union-United Healthcare Workers West, Loc. 2005 v. West Contra Costa County Healthcare Dist.) No. 2164-M/CPER 202 online

No good cause to excuse late filing: Stanislaus Consolidated Fire Protection Dist. (Stanislaus Consolidated Firefighters, Loc. 3399 v. Stanislaus Consolidated Fire Protection Dist.) No. Ad-392-M/CPER 207 online

No good cause to excuse late filing: Stanislaus Consolidated Fire Protection Dist.(Stanislaus Consolidated Firefighters, Loc. 3399 v. Stanislaus Consolidated Fire Protection Dist.) No. Ad-394-M/ CPER 207 online

No retaliation or interference with right to representation by authority: HACLA (Moore v.Housing Authority of the City of Los Angeles)No. 2166-M/CPER 207 online

No showing of adverse action in response to charging party’s reports to mayor, board of supervisors (Crandell v. City and County of San Francisco) No. 2206-M/CPER 204 online

No showing of bad faith bargaining during successor talks (Glendale City Employees Assn. v. City of Glendale) No. 2251-M/CPER 206 online

No showing of wrongful termination for filing complaints with city officials (Crandell v. City and County of San Francisco) No. 2207-M/CPER 204 online

No unilateral change in calculation of retiree health benefit contributions (Sonoma County Law Enforcement Assn. v. County of Sonoma) No. 2173-M/CPER 202 online

No unilateral change in retiree health benefits (Service Employees International Union, Loc. 1021 and County of Sonoma) No. 2242-M/CPER 206 online

Non-employee union representatives have access rights under MMBA (Service Employees International Union, Loc. 721 v. County of Riverside) No. 2233-M/CPER 206 online

Parties’ request to withdraw exceptions and vacate ALJ’s proposed decision granted (Operating Engineers Loc. Union No. 3 v. City of Hughson) No. 2158-M/CPER 202 online

Picketing at private construction sites was unlawful pressure tactic (City of San Jose v. Association of Building, Mechanical, and Electrical Inspectors) No. 2141-M/CPER 205 online

Poor performance, not protected activity, motivated driver’s termination (McKnight v. City of Santa Monica) No. 2211-M/CPER 204 online

Prematurely dismissed charge remanded to general counsel for further processing: City of Carlsbad (Carlsbad City Employees Assn. v. City of Carlsbad) No. 2276-M/CPER 207 online

Repudiation of access right and union time bank policy stated prima facie case (Stanislaus Consolidated Firefighters, Loc. 3399 v. Stanislaus Consolidated Fire Protection Dist.) No. 2231-M/CPER 206 online

Request for reconsideration denied: Stanislaus Consolidated Fire Protection Dist. (Stanislaus Consolidated Firefighters, Loc. 3399 v. Stanislaus Consolidated Fire Protection Dist.) No. 2231a-M/CPER 207 online

Request to reconsider issuance of complaint rejected: SEIU-United Healthcare Workers West (National Union of Healthcare Workers v. SEIU-United Healthcare Workers West) No. 2249a-M/CPER 207 online

Request to withdraw appeal of partial dismissal granted (Laborers International Union of North America, Loc. 777 v.County of Riverside) No. 2248-M/CPER 206 online

Retaliation charge fails to state prima facie case (O’Keefe v. Golden Gate Bridge, Highway and Transportation Dist.) No. 2209-M/CPER 204 online

Showing of support from 15 percent of ‘donor’ unit under local agency rule is unreasonable (Riverside Sheriffs’ Association v. County of Riverside) No. 2239-M/CPER 206 online

Sufficient allegations of unfair practice within limitations period lacking (Gordon v. City of Santa Monica) No. 2246-M/CPER 206 online

Two-year suspension from union membership was reasonable: SEIU Loc. 221 (Gutierrez v. SEIU Loc. 221) No. 2277-M/CPER 207 online

Unfair practice charge filed by management employee dismissed (Terris v. County of Santa Barbara) No. 2181-M/CPER 205 online

Unilateral change charge dismissed where personnel commission’s ruling is not repugnant to the purposes of the MMBA (Service Employees International Union, Loc. 620 v. City of Guadalupe) No. 2170-M/CPER 202 online

Union entitled to redacted versions of reports investigating harassment and working conditions (Service Employees International Union, Loc. 1021, v. City of Redding) No. 2190-M/CPER 203 online

Union’s conduct did not breach DFR (Warren v. Service Employees International Union, Loc. 1021) No. 2215-M/CPER 205 online

Trial Court

Employee lacks standing to raise claim that court failed to provide union with adequate notice of impending layoffs (Haines v. Marin County Superior Court) No. 2216-C/CPER 205 online