Decision 1782C – Lake County Superior Court

SF-CE-1-C

Decision Date: November 1, 2005

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 7

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.01000 – In General

Pursuant to Government Code section 71655, PERB lacks jurisdiction to enforce due process violations in connection with disciplinary decisions under Article 5 of the Trial Court Act.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

Pursuant to Government Code section 71655, PERB lacks jurisdiction to enforce due process violations in connection with disciplinary decisions under Article 5 of the Trial Court Act.

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)

Pursuant to Government Code section 71655, PERB lacks jurisdiction to enforce due process violations in connection with disciplinary decisions under Article 5 of the Trial Court Act.

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

To establish a prima facie case of discrimination in violation of section 71635.1 of the Trial Court Act and PERB Regulation 32603(a), the charging party must show that: (1) the employee exercised rights under the Trial Court Act; (2) the employer had knowledge of the exercise of those rights; and (3) the employer imposed or threatened to impose reprisals, discriminated or threatened to discriminate, or otherwise interfered with, restrained or coerced the employee because of the exercise of those rights. Although the timing of the employer’s adverse action in close temporal proximity to the employee’s protected conduct is an important factor, it does not, without more, demonstrate the necessary connection or “nexus” between the adverse action and the protected conduct.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.02000 – Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)

Individual employees do not have standing to file a charge alleging the employer failed to comply with the meet and confer requirements of the Trial Court Act.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Individual employees do not have standing to file a charge alleging the employer failed to comply with the meet and confer requirements of the Trial Court Act. Individual employees do not have standing to pursue the meet and confer rights of an employee organization.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

The statute of limitations for unfair practice charged filed under the Trial Court Act is six months.