Decision 1393E – Peralta Community College District
Decision Date: June 30, 2000
Decision Type: PERB Decision
Description: Employee appealed ALJ’s proposed decision which concluded that Department had not retaliated against employees because of protected activity.
Disposition: Affirmed and deferred to the parties’ contractual grievance procedure.
Perc Vol: 24
Perc Index: 31122
1102.01000 – Pre-Arbitration
Under Lake Elsinore School District (1987) PERB Decision No. 646, PERB lacks jurisdiction over allegations in unfair practice charges covered by the grievance machinery of the parties' collective bargaining agreement and allegations must be deferred to contractual grievance procedure. Where parties' collective bargaining agreement contains a no-discrimination clause which states that "The employer agrees to comply with all applicable federal and state laws...[and], the District agrees that there shall be no discrimination, interference, restraints or coercion by the District or any of its agents against any of its employees because of membership in the union or exercise of rights to engage in union activity" the Lake Elsinore standard is met, both for allegations related to charging parties' participation in union activity and for allegations related to charging parties' individual complaints about employment matters. Futility is not established by speculation about how the union may treat the charging party's grievances. This is true even where there was a rift between charging parties and the union over the employer's subcontracting decision effecting the charging parties.