Decision 1854H – Regents of the University of California
SF-CE-773-H
Decision Date: August 29, 2006
Decision Type: PERB Decision
Description: The charge alleged that the Regents of the University of California violated HEERA by removing union flyers.
Disposition: The Board upheld the dismissal because the parties bargained over union access rights, including the posting of union notices, and the union placed notices in an area beyond the bargained for area. As such, the University’s removal was not unlawful.
Perc Vol: 30
Perc Index: 156
Decision Headnotes
401.04000 – Access – Union Right
The University’s removal of union notices was not improper even though other organizations were permitted to post near the elevators because, here, the parties bargained over union access rights, including the posting of union notices.
404.01000 – In General
The University’s removal of union notices was not improper even though other organizations were permitted to post near the elevators because, here, the parties bargained over union access rights, including the posting of union notices.
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 demonstrated good cause because the evidence being presented didn’t exist at the time of the dismissal.