Decision 0835E – Los Angeles Unified School District (Association of Public School Supervisory Employees)

LA-CE-2944

Decision Date: August 30, 1990

Decision Type: PERB Decision

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Perc Vol: 14
Perc Index: 21170

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

At party's invitation, Board disregards appeal of untimely filing of response to appeal of dismissal, as Board rejects appeal of dismissal on its merits; p. 2.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

Facts alleged fail to reflect that demotion was a deviation from disciplinary policies and, even if it was a deviation, no facts alleged that would constitute a change in policy; p. 6.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

Reassignment of task of conducting Skelly hearings to managerial employee in charging party's department insufficient to reflect a change in disciplinary procedures, assuming the matter was within the employer's meet and discuss obligation; p. 7.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.01000 – In General

Employer must provide necessary and relevant information only if it is requested; p. 3. Failure to allege that information was requested is fatal to charge of failure to provide information; p. 4.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

PERB has no jurisdiction to enforce Skelly due process requirements and no basis for incorporating them into duties required of employers under EERA; pp. 2-3.

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

No facts to support allegation that policy regarding information requests from nonexclusive representatives was changed; p. 5.