Decision 1807M – Bay Area Air Quality Management District (Mauriello)
SF-CE-175-M
Decision Date: January 13, 2006
Decision Type: PERB Decision
Description: Charge alleged that the Bay Area Air Quality Management District (District) violated the MMBA by failing to follow the grievance procedure outlined in the memorandum of understanding between the District and the Bay Area Quality District Employees Association.
Disposition: The Board dismissed the unfair practice charge finding that dismissal of a grievance as untimely, absent other facts, does not demonstrate that the District interfered with, restrained, or coerced the exercise of protected rights; that the District could not have denied employee the right to be represented when he did not request representation; and that individual employees do not have standing to allege unilateral change violations nor allege violations of the collective bargaining rights of employee organizations.
Perc Vol: 30
Perc Index: 51
Decision Headnotes
300.05000 – Grievances
Filing a grievance is protected activity. Dismissal of a grievance as untimely, absent other facts, does not demonstrate that the District interfered with, restrained, or coerced the exercise of protected rights.
408.01000 – In General
When employee fails to request representation at informal meeting, it is not the District’s responsibility to inform employee of his right to representation. District could not have denied employee right to be represented when he did not request representation; p. 2.
1100.03000 – Standing
Individual employees do not have standing to allege unilateral change violations (Oxnard School District (Gorcey and Tripp) (1988) PERB Decision No. 667), nor allege violations of sections which protect the collective bargaining rights of employee organizations (State of California (Department of Corrections) (1993) PERB Decision No. 972-S).