Decision 1510E – Burlingame Elementary School District
SF-CO-601-E
Decision Date: February 13, 2003
Decision Type: PERB Decision
Description: The Board dismissed the District’s unfair practice charge, which alleged that the Association committed an unfair practice by representing a confidential employee.
Disposition: Dismissed. The essence of the charge is a dispute over the composition of a unit. In disputed cases, a unit modification can only be accomplished through PERB’s unit modification procedure. Charging party cannot circumvent this process by bringing an unfair practice charge.
Perc Vol: 27
Perc Index: 30
Decision Headnotes
805.01000 – In General
Employer’s charge that union committed an unfair practice by representing a confidential employee fails to state a prima facie case. The essence of employer’s charge is a dispute over the composition of a unit. In disputed cases, a unit modification can only be accomplished through PERB’s unit modification procedure. Employer cannot circumvent PERB’s unit modification procedure by bringing an unfair practice charge.
1310.06000 – Unfair Practice and Unit Modification
PERB’s unit modification procedure is the proper method to address disputes in the composition of a unit. Employer’s attempt to gain PERB review of a unit modification dispute by filing an unfair practice charge was improper.
1310.01000 – In General
Employer’s charge that union committed an unfair practice by representing a confidential employee fails to state a prima facie case. The essence of employer’s charge is a dispute over the composition of a unit. In disputed cases, a unit modification can only be accomplished through PERB’s unit modification procedure. Employer cannot circumvent PERB’s unit modification procedure by bringing an unfair practice charge.