Decision 1778E – Klamath-Trinity Joint Unified School District

SF-CE-2397-E

Decision Date: October 6, 2005

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 29
Perc Index: 167

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.01000 – In General

For purposes of establishing a prima facie case, CSEA has demonstrated that Tyner participated in protected activities by serving as the chapter president, participating on the bargaining committee and assisting in resolving grievances as the job steward. CSEA represented Tyner in matters involving her own working conditions.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

For purposes of establishing a prima facie case, CSEA has demonstrated that Tyner participated in protected activities by serving as the chapter president, participating on the bargaining committee and assisting in resolving grievances as the job steward. CSEA represented Tyner in matters involving her own working conditions.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.13000 – Holding Union Office

For purposes of establishing a prima facie case, CSEA has demonstrated that Tyner participated in protected activities by serving as the chapter president, participating on the bargaining committee and assisting in resolving grievances as the job steward. CSEA represented Tyner in matters involving her own working conditions.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.17000 – Other

For purposes of establishing a prima facie case, CSEA has demonstrated that Tyner participated in protected activities by serving as the chapter president, participating on the bargaining committee and assisting in resolving grievances as the job steward. CSEA represented Tyner in matters involving her own working conditions.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Absent sufficient evidence to show that District departed from any established procedures or policies in eliminating position, there is no nexus between protected activity (union chapter president) and adverse action (decision to eliminate position and to lay off employee), to demonstrate a prima facie case of discrimination; pp. 2-3.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation

The decision to eliminate the ASB/EDA position and to lay off Tyner was adverse to her interests.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

Where an exclusive representative has received notice of the decision to eliminate a position, the effects of which it believes to be negotiable, the employer’s failure to give formal notice is of no legal import; pp. 4-5.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.01000 – In General

The District provided statement of purpose at beginning of interview that the District was seeking information on the process for the collecting and accounting of associated student body funds. Absent any evidence that clarification was sought by union, or that information was incomplete, allegation that District failed to provide requested information does not state prima facie case; pp. 4-5.

1000.00000 – SCOPE OF REPRESENTATION
1000.02147 – Transfer of Work Out of Unit

CSEA failed to establish a prima facie case that the District had the obligation to meet and negotiate its decision to transfer duties from the abolished ASB/EDA classification to other classifications. Since CSEA did not identify the classifications to which the duties had been transferred, it cannot be determined whether or not these other classifications were existing or newly created classifications, within or outside of the existing bargaining unit. CSEA presented no evidence to show that the transferred duties were neither overlapping nor even remotely encompassed in the job description of these other classifications.