Decision 1428H – Regents of the University of California
Decision Date: April 19, 2001
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge, which alleged that the employer breached the neutrality required by the HEERA in the implementation of the “fair share” requirements. The employer’s breach of neutrality allegedly occurred by its refusal to censure a web page of the UCLA Bruin Online web site created by a competing organization, NoFee4Me.
Disposition: Dismissed. The employer is not obligated to advise exclusive representatives that employees have been granted access to web page space, even when employees are using it to oppose agency fee.
Perc Vol: 25
Perc Index: 32059
407.04000 – Employer Favoritism/Absence of Strict Neutrality
Employer not obligated to advise exclusive representatives that employees have been granted access to webpage space even where employees are using it to oppose agency fee.
1100.01000 – In General/Prima Facie Case
A charging party should allege the "who, what, when, where, and how" of an unfair practice. The assertion that UC violated its own internet/e-mail policies, or allowed use of other University services without more specificity, did not demonstrate that UC had violated the required neutrality of HEERA; p. 2-3, dismissal letter. Charging party provided no facts to support its contention that NoFee4Me was a competing employee organization within the definition of employee organization found in HEERA nor that the employer was treating them with any preference . Therefore, it failed to demonstrate that the University interfered with the internal activities of the employee organization; p. 3, dismissal letter.
1100.08000 – Pleading Requirements
Failure to provide specific facts regarding certain allegations is fatal to those allegations; p. 2, fn. 2.