Decision 1478H – Regents of the University of California
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.
Perc Vol: 26
Perc Index: 33048
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.
1404.01000 – 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.
1100.03000 – 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.