Decision 1854H – Regents of the University of California

SF-CE-773-H

Decision Date: August 29, 2006

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 156

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
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.

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.