Decision 1360E – Los Angeles County Office of Education (Burton)

LA-CE-4046

Decision Date: November 3, 1999

Decision Type: PERB Decision

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Perc Vol: 24
Perc Index: 31016

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

No discrimination where employee was asked to leave campus for breaking District rules unrelated to protected activity regarding her 1997 grievances.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.