Decision 1168E – Service Employees International Union, Local 535 (Mickle)

LA-CO-703

Decision Date: September 11, 1996

Decision Type: PERB Decision

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Perc Vol: 20
Perc Index: 27137

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02128 – Seniority

The negotiation of seniority protection in a promotional system has long been considered a mandatory subject of bargaining under the EERA; p. 2, warning letter.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

Absent an independent violation of EERA, the Board does not have jurisdiction over other Government Code sections, Education Code or federal law; p. 2, fn. 2.

1000.00000 – SCOPE OF REPRESENTATION
1000.02109 – Promotions

The negotiation of seniority protection in a promotional system has long been considered a mandatory subject of bargaining under the EERA; p. 2, warning letter.

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

PERB Regulation 32615(a)(5) provides that a charge must contain a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice;" a charging party must allege the "who, what, when, where, and how" of the unfair practice; mere legal conclusions are insufficient; p. 2, warning letter.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

PERB Regulation 32615(a)(5) provides that a charge must contain a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice;" a charging party must allege the "who, what, when, where, and how" of the unfair practice; mere legal conclusions are insufficient; p. 2, warning letter.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

PERB Regulation 32615(a)(5) provides that a charge must contain a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice;" a charging party must allege the "who, what, when, where, and how" of the unfair practice; mere legal conclusions are insufficient; p. 2, warning letter.