Decision 0901E – San Diego Unified School District

LA-CE-3084

Decision Date: September 19, 1991

Decision Type: PERB Decision

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Perc Vol: 15
Perc Index: 22153

Decision Headnotes

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

EERA section 3543 does not guarantee employees the right to vote in general elections free from the influence of financial self-interest; p. 2, warning letter.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.17000 – Other

EERA section 3543 does not guarantee employees the right to vote in general elections free from the influence of financial self-interest; p. 2, warning letter.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)

Complaint can't issue on an alleged violation of the collective bargaining agreement unless conduct is also an unfair practice; p. 3, warning letter.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

Board agent had no jurisdiction to issue complaint as the allegation that the class room size exceeded what was permitted in the CBA was deferable under Lake Elsinore School District (1987) PERB Decision No. 646; p. 3, warning letter. Futility not demonstrated if no supporting factual allegations; p. 1, dismissal letter.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

As the alleged conduct occurred beyond the six-month statute of limitations, the unfair practice charge must be dismissed; p. 2, warning letter.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Board summarily affirms Board agent's dismissal of charge, finding it free of prejudicial error.