All notes for Subtopic 1304.07000 – Standing to File

DecisionDescriptionPERC Vol.PERC IndexDate
2525M City of Livermore
1304.7000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Standing to File
Lack of standing in unfair practice proceedings is jurisdictional and cannot be waived or otherwise affected by the respondent’s failure to assert that defect or by its mistaken belief as to the identity of persons purportedly acting as the authorized agents of a party with proper standing. (pp. 7-8.) As in civil procedure, lack of standing to bring an unfair practice allegation is a “jurisdictional” defect. Because proper standing to bring an action goes to the very existence of a cause of action and the right to relief, it may be raised at any point in unfair practice proceedings, including for the first time on appeal. (p. 8.) more or view all topics or full text.
4117305/04/17
2525M City of Livermore
1304.7000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Standing to File
Employee’s lack of standing, as an employee, to file a unit modification petition under the City’s local rules has no bearing on whether he may bring an unfair practice charge alleging violations of the City’s local rules or of employee rights under the MMBA. Standing is not dispensed “in gross.” Rather, it is evaluated separately for each claim and each form of relief sought. (p. 13.) The Legislature has expressly authorized employees, in their capacity as employees, to bring unfair practice charges alleging either that a public agency has acted in violation of its local rules and/or that it has enforced its local rules in a manner that is inconsistent with the provisions, policies or purposes of the MMBA. (p. 14.) more or view all topics or full text.
4117305/04/17
2525M City of Livermore
1304.7000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Standing to File
PERB rejected a City’s contention that it properly applied community of interest criteria to make a unit determination, where the final determination failed to include findings or explain how these various criteria had been applied. (p. 9.) In making unit determinations under its local rules, a public agency must make findings and explain its analytical process in sufficient detail “to enable the parties to determine whether and on what basis they should seek review and, in the event of review, to apprise a reviewing court of the basis for the [public agency’s] action.” (pp. 11-12.) more or view all topics or full text.
4117305/04/17
A433M County of Fresno
1304.7000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Standing to File
Where objections to an election have been dismissed, only the objecting party may appeal the dismissal to the Board itself. Unlike other regulations governing appeals to the Board itself, PERB Regulation 33009(g) is worded narrowly and specifically and is not a general grant of appeal rights as is found, for example, in PERB Regulation 32300(a), pertaining to exceptions to proposed decisions after an administrative hearing; or in PERB Regulation 32360(a), governing appeals from administrative decisions other than election objections; or in PERB Regulation 32635, permitting appeals by a charging party of a dismissal of an unfair practice charge. The narrow wording of PERB Regulation 33009(g) furthers the public policy favoring rapid and expedient resolution of representation matters, and for that it will be construed narrowly. more or view all topics or full text.
02/29/16
A089E Richmond Unified School District (McClory)
1304.7000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Standing to File
Individual employee does not have standing to file objection to organizational security election for unit of which he is a member; PERB Regulation 33580 provides only that any party to an election may file such objection, and individual unit member is not such a party. more or view all topics or full text.
41108505/15/80
A048E Oakland Unified School District
1304.7000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Standing to File
Board upheld determination by regional director that non-exclusive representative and individual employee do not have standing to file objections to organizational security election for exclusive representative; only party to an organizational security election, specifically employer or exclusive representative favored by the organizational security clause, may file such objections; p. 15. more or view all topics or full text.
2220510/19/78
0349E Anaheim City School District, et al.
1304.7000: REPRESENTATION ISSUES; OBJECTION TO ELECTIONS; Standing to File
Employer has no standing to object to alleged misrepresentations to employees participating in union-conducted election. more or view all topics or full text.
71426309/30/83