Decision 1105E – Pomona Unified School District

LA-CE-3492

Decision Date: May 18, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26098

Decision Headnotes

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

Government Code section 6254.3 neither part of the EERA nor is it incorporated by reference.

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

Charge failed to establish prima facie case of unlawful support to another employee organization because it did not allege any facts showing that release of employee home addresses occurred through an agent of the respondent acting within the scope of his or her authority or that the respondent was directly or indirectly involved with the release of information; p. 2, warning letter. There appears to be no legal basis for finding a violation of EERA if a respondent was merely negligent about safeguarding information; p. 3, warning letter.

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

Charge failed to establish prima facie case of unlawful support to another employee organization because it did not allege any facts showing that release of employee home addresses occurred through an agent of the respondent acting within the scope of his or her authority or that the respondent was directly or indirectly involved with the release of information; p. 2, warning letter. There appears to be no legal basis for finding a violation of EERA if a respondent was merely negligent about safeguarding information; p. 3, warning letter.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.04000 – Access – Union Right

Government Code section 6254.3 neither part of the EERA nor is it incorporated by reference.

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

Charge failed to establish prima facie case of unlawful support to another employee organization because it did not allege any facts showing that release of employee home addresses occurred through an agent of the respondent acting within the scope of his or her authority or that the respondent was directly or indirectly involved with the release of information; p. 2, warning letter. There appears to be no legal basis for finding a violation of EERA if a respondent was merely negligent about safeguarding information; p. 3, warning letter.