Decision 0097E – Antelope Valley Community College District

LA-CO-28; CE-110

Decision Date: July 18, 1979

Decision Type: PERB Decision

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Perc Vol: 3
Perc Index: 10098

Decision Headnotes

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.02000 – Agents (See also 1400)

Agency found where the District designated particular employees supervisory, it cooperated with those employees attempts to organize classified employees by allowing the use of District facilities, it remained silent during the organizing and created impression that the supervisors spoke with District authority; pp. 9-16.

1300.00000 – REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION
1300.02000 – Request for Recognition

Where District had refused to voluntarily recognize the Association, the Association's "demand" to meet and negotiate pursuant to past practices was not designed to force the District to support the Association; pp. 25-26. Because of District's involvement with employee organization, it is barred from voluntarily recognizing any employee organization without first notifying PERB; pp. 27-28.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.20000 – Non Prejudicial Error

Hearing officer's finding that employees had gone without raise for a long time conflicted with evidence but found to be non-prejudicial error; pp. 24-25.

1400.00000 – GENERAL LEGAL PRINCIPLES; AGENCY
1400.01000 – In General

Agency found where the District designated particular employees supervisory, it cooperated with those employees attempts to organize classified employees by allowing the use of District facilities, it remained silent during the organizing and created impression that the supervisors spoke with District authority; pp. 9-16.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.07000 – Administrative and Judicial Notice

No prejudice or violation of due process rights found where hearing officer took official notice of stipulation found in PERB files after the close of hearing; pp. 23-24.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.01000 – In General; Prima Facie Case.

Totality of employer conduct warrants finding unlawful interference; pp. 21-22.

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
409.06000 – Free Speech

Board declines to reach issue of constitutional protection for speech of public employer but holds that employer cannot use speech to violate 3543.5; p. 21.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.03000 – Ban on Distribution or Solicitation

District unlawfully interfered with employees' right to organize where its agents attempted to solicit employees to join alternate employee organization; pp. 16-23.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.03000 – Notices; Posting, Reading, and Mailing

Because of the egregious nature of the District's interference, District ordered to individually notify employees of the Board's order; p. 28.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.10000 – Other Affirmative Relief

Because of District's involvement with employee organization, it is barred from voluntarily recognizing any employee organization without first notifying PERB; pp. 27-28.