Decision 0097E – Antelope Valley Community College District
LA-CO-28; CE-110
Decision Date: July 18, 1979
Decision Type: PERB Decision
Perc Vol: 3
Perc Index: 10098
Decision Headnotes
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.
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.
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.
401.01000 – In General; Prima Facie Case.
Totality of employer conduct warrants finding unlawful interference; pp. 21-22.
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.
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.
1105.20000 – 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.
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.
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.
1205.10000 – 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.