Decision 1481E – Berkeley Unified School District * * * OVERRULED by Sonoma County Superior Court (2015) PERB Decision No. 2409-C

SF-CE-2211-E

Decision Date: May 15, 2002

Decision Type: PERB Decision

* * * OVERRULED by Sonoma County Superior Court (2015) PERB Decision No. 2409-C * * *

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Perc Vol: 26
Perc Index: 33071

Decision Headnotes

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
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.”

603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
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.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.