Decision 1360E – Los Angeles County Office of Education (Burton)
LA-CE-4046
Decision Date: November 3, 1999
Decision Type: PERB Decision
Description: The Board dismissed the charge, which alleged that the Los Angeles County Office of Education violated EERA by ordering charging party to leave campus.
Disposition: Dismissal. Charge fails to demonstrate disparate treatment or other nexus factors.
Perc Vol: 24
Perc Index: 31016
Decision Headnotes
300.05000 – Grievances
No discrimination where employee was asked to leave campus for breaking District rules unrelated to protected activity regarding her 1997 grievances.
408.03000 – Investigatory Interviews
A Weingarten violation occurs when an employee requests union representation during a meeting with management and the request is denied. The charging party must demonstrate: (a) the employee requested representation, (b) for an investigatory meeting, (c) which the employee reasonably believed might result in disciplinary action, and (d) the employer denied the request. No violation where Charging Party did not participate in an investigatory or disciplinary meeting. The officials of the District simply attempted to informed Charging Party of their decision to remove her from the classroom, and did not intend to engage in any meeting or investigation.
602.03000 – Change In Policy
Charging Party did not have standing to allege the District unilaterally changed the Representation Rights article of the Agreement between District and recognized employee organization.
1100.02000 – Investigation of Charge
Where charging party fails to allege that any specific section of the Government Code has been violated a Board agent, upon a review of the charge, may determine under what section the charge should be analyzed.
1100.03000 – Standing
Charging Party did not have standing to allege the District unilaterally changed the Representation Rights article of the Agreement between District and recognized employee organization.
1100.08000 – Pleading Requirements
Where charging party fails to allege that any specific section of the Government Code has been violated a Board agent, upon a review of the charge, may determine under what section the charge should be analyzed.
1101.01000 – In General
Government Code section 3541.5(a)(1) prohibits the Board from issuing a complaint with respect to any charge based upon an unfair practice occurring more than six months prior to the filing of the charge. Charging Party’s allegations as to her 1996 and 1997 grievances and suspension were time barred in a charge filed in 1999, and therefore outside of PERB’s jurisdiction.