Decision 0863E – Service Employees International Union (Watts)
Decision Date: December 28, 1990
Decision Type: PERB Decision
Perc Vol: 15
Perc Index: 22020
1300.01000 – In General
Government Code section 3547 does not prohibit a public school employer from allowing initial bargaining proposals from a union not recognized as exclusive representative; p. 2. Violations of recognition procedures do not fall within the purview of EERA's public notice provisions; p. 4, admin. determination.
1503.02000 – Regulations Considered (By Number)
32910 - Limits the scope of EERA public notice complaints and does not address the issue of whether a union was properly recognized by the district; p. 4, admin. determination. 32920 - Nature of assistance is technical only, and legal assistance is not mandated by regulation.
1502.01000 – In General
Initial proposal may be presented at public meeting by employee organization which has not yet complied with recognition requirements of EERA section 3544 et seq.; nothing in public notice provisions prohibits this conduct; p. 2. As complainant received necessary technical assistance during investigation, argument that he did not receive assistance required by PERB Regulation 32920 is without merit.
1502.02000 – Initial Proposals
Union cannot violate section 3547(a) because it does not control the public meeting agenda; p. 3, admin. determination. Regulation 32910 limits the scope of EERA public notice complaints and does not address the issue of whether a union was properly recognized by the district; p. 4, admin. determination.