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
Description: Board reversed ALJ determination. ALJ found no EERA violation in the formation of a unit modification agreement between the District and the Association representing full-time faculty to expand the unit to include part-time faculty when the District was on actual notice that the part-time faculty were organizing and were seeking representation by a competing employee organization
Disposition: Reversed. The Board found that the District violated EERA Section 3543.5(d) by contributing support to one employee organization over another and encouraging employees to join one employee organization over another when it entered the unit modification agreement at a time when it was on actual notice that the part-time employees were seeking representation from a different employee organization. Petition for Writ of Extraordinary Relief denied 6-5-03, Court of Appeal, Second District, Case No. B164811.
Perc Vol: 27
Perc Index: 35
Decision Headnotes
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.
401.01000 – 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.
401.02000 – 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.
407.01000 – 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.
407.04000 – 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.
700.04000 – 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.
700.07000 – 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.
1107.17000 – 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.
1503.01000 – 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.
1503.02000 – 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.