Decision 1478H – Regents of the University of California

LA-CE-650-H

Decision Date: March 12, 2002

Decision Type: PERB Decision

Description: The Board dismissed the unfair practice charge. The charge alleged that the university violated HEERA by refusing to accept into evidence, in a contractual grievance proceeding, records obtained through settlement of a previous PERB unfair practice charge.

Disposition: Dismissed. Charging party’s contention that a settlement agreement in a different case required the employer to consider certain evidence in a grievance proceeding is rejected. Charging party’s remaining claim against the employer may constitute a violation of the parties’ contractual grievance procedure, but does not constitute a prima facie violation of HEERA.

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Perc Vol: 26
Perc Index: 33048

Decision Headnotes

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.01000 – In General

While an exclusive representative is entitled to all information that is “necessary and relevant” to the discharge of its duty of representation, the duty to provide information does not require the university to accept the information as evidence in a contractual grievance proceeding.

1404.00000 – GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION
1404.01000 – In General

As an alleged violation of a settlement agreement constitutes a violation of a legal contract, and not an unfair practice under the HEERA, PERB lacks authority to adjudicate the issue.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Individual employees do not have standing to allege unilateral change violations, therefore allegation that university did not take into consideration evidence charging party wished to produce failed to state prima facie case.