Decision 0103E – Santa Monica Community College District

LA-CE-41, 57

Decision Date: September 21, 1979

Decision Type: PERB Decision

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Perc Vol: 3
Perc Index: 10123

Decision Headnotes

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.02000 – To Non-Exclusive Representatives

Nonexclusive rep. has right, prior to certification of an exclusive rep., to information needed to process grievances; p. 13.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.02000 – Disparate Treatment

Employer discriminated against nonexclusive rep. by denying raise unless that rep. waive right to bargain salaries while granting raise to other nonexclusive rep which did waive right; pp. 16-19.

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
405.03000 – Promise of or Withholding of Benefits

Unlawful interference found where employer conditioned pay raise on waiver of organizational rights; pp. 19-20.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.01000 – In General

Employer unlawfully encouraged employees to join one organization over another by giving salary increase to members of rival organization; pp. 21-23. Board rejects employer's argument that 3543(d) violation requires proof that members switched affiliation; pp. 21-23.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.07000 – Favoritism; Contract Ban on Distribution or Solicitation; Unequal Treatment of Unions; Preferential Access; Duty of Strict Neutrality

Employer unlawfully encouraged employees to join one organization over another by giving salary increase to members of rival organization; pp. 21-23.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Charge dismissed as untimely filed; pp. 23-25.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.03000 – Back Pay; Interest

Back pay proper where one group of employees denied pay increase because of employer's discriminatory assistance to rival union.

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

Personal delivery of notice of violation required where some affected employees may no longer be working for the district; pp. 29-30.