Decision 1150S – State of California (Department of Developmental Services) (International Union of Operating Engineers)
S-CE-781-S
Decision Date: May 9, 1996
Decision Type: PERB Decision
Description: State unlawfully withdrew first level response to an employee’s grievance.
Disposition: Dismissed for failure to state a prima facie case.
Perc Vol: 20
Perc Index: 27087
Decision Headnotes
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
The Board does not have jurisdiction under Dills Act section 3514.5(b), which precludes the Board from enforcing agreements between the parties, where charge alleged that Dills Act was violated when DDS withdrew a settlement of a grievance and sought to have PERB enforce the settlement; p. 1, warning letter.
602.05000 – Impact and Extent
Withdrawal of a first level grievance response where State responded at second level and was willing to proceed is not a unilateral change; p. 2, dismissal letter.
1101.01000 – In General
Although Regulation 32140 requires that service shall be concurrent with the filing in question, Board exercised its discretion to excuse noncompliance since (1) delay in service was fairly brief and (2) there was no showing of prejudice to other party; fn. 2 at pp. 2-3.
1103.06000 – Service
Although Regulation 32140 requires that service shall be concurrent with the filing in question, Board exercised its discretion to excuse noncompliance since (1) delay in service was fairly brief and (2) there was no showing of prejudice to other party; fn. 2 at pp. 2-3.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Although Regulation 32140 requires that service shall be concurrent with the filing in question, Board exercised its discretion to excuse noncompliance since (1) delay in service was fairly brief and (2) there was no showing of prejudice to other party; fn. 2 at pp. 2-3.
1503.03000 – Regulations Considered (By Number) (Continued)
Regulation 32615(a)(5) requires that an unfair practice charge contain a clear and concise statement of the facts to constitute an unfair practice charge (id.). Although Regulation 32140 requires that service shall be concurrent with the filing in question, Board exercised its discretion to excuse noncompliance since (1) delay in service was fairly brief and (2) there was no showing of prejudice to other party; fn. 2 at pp. 2-3.