Decision 2073E – Los Angeles Unified School District

LA-CE-5208-E

Decision Date: October 28, 2009

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 33
Perc Index: 178

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

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

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Charging party lacked standing to allege that his employer’s breach of contractual grievance procedures constituted an unlawful unilateral change.