Decision 2073E – Los Angeles Unified School District
Decision Date: October 28, 2009
Decision Type: PERB Decision
Perc Vol: 33
Perc Index: 178
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB has no authority to remedy a breach of contractual grievance procedures unless the breach also constitutes an unfair practice.
400.01000 – In General; Standards
To establish a prima facie case of interference, the charging party must allege facts establishing that the respondent’s conduct tends to or does result in harm to rights granted by EERA. No interference because EERA does not grant employees the right to a reasonable settlement offer or the right to have their grievances arbitrated.
1100.03000 – Standing
Charging party lacked standing to allege that his employer’s breach of contractual grievance procedures constituted an unlawful unilateral change.