Decision 0103E – Santa Monica Community College District
Decision Date: September 21, 1979
Decision Type: PERB Decision
Perc Vol: 3
Perc Index: 10123
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.
504.02000 – 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.
405.03000 – Promise of or Withholding of Benefits
Unlawful interference found where employer conditioned pay raise on waiver of organizational rights; pp. 19-20.
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.
700.07000 – 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.
1101.01000 – In General
Charge dismissed as untimely filed; pp. 23-25.
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.
1205.03000 – 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.