Decision 1506E – Santa Clarita Community College District (College of the Canyons)

LA-CE-4357-E; LA-CO-1092-E; LA-CO-1093-E

Decision Date: January 8, 2003

Decision Type: PERB Decision

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Perc Vol: 27
Perc Index: 35

Decision Headnotes

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

By operation of the very language empowering PERB to make rules, the regulations must be enacted and construed in conformity with the provisions, purposes and policies of the Act.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.01000 – In General; Prima Facie Case.

PERB Reg. 32781 does not allow an employer to enter into an agreement with an employee organization to accrete into an existing unit unrepresented employees where those employees are the subject of a current organizing drive by a rival employee organization. District’s agreement constituted unlawful interference in violation of EERA.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.02000 – Discrimination Favoring Organization Over Another

PERB Reg. 32781 does not allow an employer to enter into an agreement with an employee organization to accrete into an existing unit unrepresented employees where those employees are the subject of a current organizing drive by a rival employee organization. District’s agreement constituted unlawful interference in violation of EERA.

407.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH DECERTIFICATION OR RIVAL UNION PETITION
407.01000 – In General

PERB Reg. 32781 does not allow an employer to enter into an agreement with an employee organization to accrete into an existing unit unrepresented employees where those employees are the subject of a current organizing drive by a rival employee organization. District’s agreement constituted unlawful interference in violation of EERA.

407.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH DECERTIFICATION OR RIVAL UNION PETITION
407.04000 – Employer Favoritism/Absence of Strict Neutrality

PERB Reg. 32781 does not allow an employer to enter into an agreement with an employee organization to accrete into an existing unit unrepresented employees where those employees are the subject of a current organizing drive by a rival employee organization. District’s agreement constituted unlawful interference in violation of EERA.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.04000 – Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech

Employer violates (d) by accreting unrepresented employees into an existing bargaining unit while a different union was organizing the unrepresented employees.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.07000 – Favoritism; Contract Ban on Distribution or Solicitation; Unequal Treatment of Unions; Preferential Access; Duty of Strict Neutrality

Employer violates (d) by accreting unrepresented employees into an existing bargaining unit while a different union was organizing the unrepresented employees.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.17000 – Advisory Opinions

PERB does not issue “advisory opinions” or generalized declarations of law. The Board’s rulings bind its agents; its agents’ alleged speculations do not bind the Board.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.01000 – In General

By operation of the very language empowering PERB to make rules, the regulations must be enacted and construed in conformity with the provisions, purposes and policies of the Act.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

PERB Reg. 32781: By operation of the very language empowering PERB to make rules, the regulations must be enacted and construed in conformity with the provisions, purposes and policies of EERA.