Decision 2005M – County of San Diego
LA-CE-434-M
Decision Date: February 27, 2009
Decision Type: PERB Decision
Description: Charging Party alleged that the County violated the MMBA when it: (1) removed material he posted on his union’s bulletin board; (2) denied his request for release time; (3) placed him on administrative leave; (4) issued him a letter of warning; (5) disbanded the Foster Care Worksite Issues Committee; (6) refused to process a grievance filed by him regarding the County’s decision to disband the Foster Care Worksite Issues Committee; (7) issued him a disciplinary memorandum; (8) advised the president of Services Employees International Union, Local 221, that the County was suspending Employment and Eligibility Labor/Management Meetings because of Charging Party’s conduct at last meeting; and (9) denied a grievance filed by Charging Party regarding the County’s decision to suspend the Labor/Management Meetings.
Disposition: The Board affirmed the Board agent’s dismissal of Kroopkin’s unfair practice charge. The Board held that the letter was not an adverse action because its alleged future adverse impact on Kroopkin’s employment conditions was speculative. As a result, the charge failed to establish a prima facie case of retaliation. The Board also held that the charge did not state a prima facie case of interference. Because Kroopkin had no individual right under the MMBA to attend labor/management meetings, the County’s decision to bar him from labor/management meetings and refusal to process his grievances over being barred from the meetings did not interfere with Kroopkin’s rights under the MMBA.
Perc Vol: 33
Perc Index: 47
Decision Headnotes
400.01000 – In General; Standards
Because MMBA does not grant an individual employee the right to attend labor/management meetings, employer did not interfere with employee’s rights by barring employee from labor/management meetings and refusing to process employee’s grievances over being barred from labor/management meetings.
503.01000 – In General
Employer sent a letter to the union president canceling future labor/management meetings because of the conduct of employee/union steward at a prior meeting. The letter was not an adverse action against the employee because any future adverse impact on his employment conditions was speculative.
503.15000 – Other
Employer sent a letter to the union president canceling future labor/management meetings because of the conduct of employee/union steward at a prior meeting. The letter was not an adverse action against the employee because any future adverse impact on his employment conditions was speculative.