Decision 1807M – Bay Area Air Quality Management District (Mauriello)

SF-CE-175-M

Decision Date: January 13, 2006

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 51

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN 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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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).