Decision 1843H – Regents of the University of California
SF-CE-786-H
Decision Date: May 18, 2006
Decision Type: PERB Decision
Description: Charge alleged that the Regents of the University of California violated the Higher Education Employer-Employee Relations Act by interfering with the right to union representation in a meeting with a supervisor, failing to timely schedule a subsequent meeting, issuing a “Performance Improvement Notice,” and docking pay.
Disposition: The Board dismissed the charge because Charging Party failed to establish protected activity. Additionally, Charging Party failed to allege that a request for union representation was made and denied.
Perc Vol: 30
Perc Index: 124
Decision Headnotes
300.01000 – In General
Charging party failed to describe the employee’s protected activity. It was not clear what was meant by “union contact” nor did the charge indicate when the employee filed her previous grievance.”
300.12000 – Insistence on Union Representation
The charge failed to allege that union representation was requested and denied.
408.01000 – In General
The charge failed to allege that union representation was requested and denied.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party failed to demonstrate good cause for the presentation of new allegations and/or supporting evidence on appeal, and nothing in the documents filed related to the appeal indicates there is good cause.