GENERAL LEGAL PRINCIPLES; AGENCY – In General

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To establish an agency relationship between an employee and the employer, the Board has held that a charging party must allege facts which show that the employee was acting with some direction, instigation, approval or ratification by the employer. (Compton Community College District (1987) PERB Decision No. 649; Inglewood Unified School District (1990) PERB Decision No. 792.) In Moreland Elementary School District (1982) PERB Decision No. 227, the Board stated that nonsupervisory employees would not be found agents absent evidence that such employees were informants or were in some other manner serving as agents or representatives of the employer. Herein, the charge fails to present any facts demonstrating a fellow charge nurse was acting as an informant for management; moreover, she was not a supervisor nor did she serve as charging party’s supervisory in any capacity. As such, this allegation fails to state a prima facie case. (adopting warning letter at p. 3, adopting dismissal letter at p. 2.)