Decision 1856M – Modesto Irrigation District

SA-CE-384-M

Decision Date: September 1, 2006

Decision Type: PERB Decision

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Perc Vol: 31
Perc Index: 1

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.01000 – In General; Prima Facie Case.

Totality of the circumstances did not provide sufficient evidence that the employer failed to adequately maintain posted notices, or that employees were unable to reach the polling locations during voting hours. Thus, there was insufficient evidence to establish a prima facie case of interference.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

An individual does not have standing to allege interference with protected rights if the employee is not a member of the class affected by the employer’s action.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Under PERB Regulation 32136, the Board may excuse a late filing for good cause. A party’s ignorance of PERB Regulations will not support a finding of good cause to excuse a late filing. Under PERB Regulation 32136, the Board may excuse a late filing for good cause. While the absence of a key employee may be sufficient to support a finding of good cause, the facts of this case did not support such a finding.