Decision 1073E – Ventura Community College District (Service Employees International Union Local 535)

LA-CE-3323

Decision Date: December 7, 1994

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26031

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

In enacting AB 1725, the Legislature intended community college staff and students to have a recognized voice in college governance, at least with respect to matters outside the scope of representation. However, EERA and Redwoods Community College District (1987) PERB Decision No. 650 require District management to take precautions to avoid infringing upon the domain of the exclusive representative; pp. 7-8.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.01000 – In General

In enacting AB 1725, the Legislature intended community college staff and students to have a recognized voice in college governance, at least with respect to matters outside the scope of representation. However, EERA and Redwoods Community College District (1987) PERB Decision No. 650 require District management to take precautions to avoid infringing upon the domain of the exclusive representative; pp. 7-8. Employers subject to EERA proceed at their own risk when involving or allowing employee organizations other than the exclusive representative to participate in matters within the scope of representation; p. 8, citing Oak Grove School District (1986) PERB Decision No. 582, at p. 18. District violated 3543.5(b) and (d) by providing financial assistance to Classified Senate and openly deferring to CS positions on District violated 3543.5(b) and (d) by providing financial assistance to Classified Senate and openly deferring to CS positions on support was found de minimus.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.07000 – Favoritism; Contract Ban on Distribution or Solicitation; Unequal Treatment of Unions; Preferential Access; Duty of Strict Neutrality

District violated 3543.5(b) and (d) by providing financial assistance to Classified Senate and openly deferring to CS positions on negotiable topics. However, placement of CS on District Board agenda consistent with intent of AB 1725. Clerical and support was found de minimus.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.10000 – Special Facilities and Services

District violated 3543.5(b) and (d) by providing financial assistance to Classified Senate and openly deferring to CS positions on negotiable topics. However, placement of CS on District Board agenda consistent with intent of AB 1725. Clerical and service support was found de minimus.

1403.00000 – GENERAL LEGAL PRINCIPLES; ESTOPPEL
1403.02000 – Cause for Estoppel

Union not estopped from pursuing unlawful support allegations against classified senate because union cooperated with the CS to achieve its own goals.