Decision 0664E – Oxnard Educators Association (Gorcey and Tripp)
LA-CO-369-370
Decision Date: May 5, 1988
Decision Type: PERB Decision
Perc Vol: 12
Perc Index: 19067
Decision Headnotes
101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
Board is without jurisdiction to remedy pure Education Code violations.
1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing
1100.03000 – Standing
Individual employees do not have standing to file a charge against the exclusive representative alleging its failure to negotiate with the District. Employees' recourse is a charge alleging union's violation of its duty of fair representation.
800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.03000 – Negotiations
800.03000 – Negotiations
Prima facie case alleged where union knowingly negotiated away part of unit's rights under Education Code section 45028, which governs salaries of certificated employees.