Decision 1481E – Berkeley Unified School District * * * OVERRULED by Sonoma County Superior Court (2015) PERB Decision No. 2409-C
Decision Date: May 15, 2002
Decision Type: PERB Decision
* * * OVERRULED by Sonoma County Superior Court (2015) PERB Decision No. 2409-C * * *
Perc Vol: 26
Perc Index: 33071
408.01000 – In General
“Weingarten” rights not implicated by employer’s refusal to allow presence of union representative at meeting requested by employees, where there were no allegations indicating a disciplinary purpose, or existence of “highly unusual circumstances.”
603.04000 – Circumvention of Union; Direct Dealing With Employees
Employer did not unlawfully bypass exclusive representative by allowing meeting between three teachers and their supervisor and refusing to allow presence of union representative, since direct meetings with employees to implement previously negotiated matters is not unlawful and no showing was made that subject within the scope of bargaining was discussed.
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand
Employer’s refusal to allow union representative to attend meeting between teachers and supervisor did not constitute failure to bargain in good faith, since there was no allegation that parties requested to negotiate regarding a matter within the scope of bargaining.
1107.20000 – Other
New allegations or evidence will not be considered on appeal from dismissal of charge absent showing of good cause; Good cause not shown here where deficiency in allegations was identified by Board agent, charging party failed to cure deficiencies with new allegations prior to dismissal, and nothing indicates information was unavailable before dismissal.