Decision 2010M – Omnitrans
LA-CE-372-M
Decision Date: March 10, 2009
Decision Type: PERB Decision
Description: The Charging Party alleged that the employer unlawfully denied the union the right to represent its employees and unlawfully interfered with employee rights when it refused to process grievances filed by the union in its own name.
Disposition: The Board adopted the ALJ’s decision holding that the employer’s refusal to process grievances filed by a union in its own name unlawfully denied the union the right to represent its employees and also unlawfully interfered with employee rights.
Perc Vol: 33
Perc Index: 54
Decision Headnotes
400.01000 – In General; Standards
Under the MMBA, an exclusive representative has a basic statutory right to file grievances in its own name. Employer’s refusal to process grievance filed by union in its own name violated MMBA section 3503 and also unlawfully interfered with the rights of employees in violation of MMBA section 3506.
401.13000 – Rights Pertaining to Exclusivity (See also 603)
Under the MMBA, an exclusive representative has a basic statutory right to file grievances in its own name. Employer’s refusal to process grievance filed by union in its own name violated MMBA section 3503 and also unlawfully interfered with the rights of employees in violation of MMBA section 3506.
408.02000 – Grievances/Grievance Procedure
Under the MMBA, an exclusive representative has a basic statutory right to file grievances in its own name. Employer’s refusal to process grievance filed by union in its own name violated MMBA section 3503 and also unlawfully interfered with the rights of employees in violation of MMBA section 3506.