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.

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Perc Vol: 33
Perc Index: 54

Decision Headnotes

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
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.

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

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
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.