Decision 2073E – Los Angeles Unified School District
Decision Date: October 28, 2009
Decision Type: PERB Decision
Description: Weightman alleged that the District failed to comply with contractual grievance timelines, and interfered with his ability to receive a reasonable settlement offer and take his grievance to arbitration.
Disposition: The Board affirmed the Board agent’s dismissal of the charge. The Board held Weightman lacked standing to allege employer’s failure to comply with contractual grievance procedures constituted unilateral change. The Board also found the charge failed to state a prima facie case of interference because it did not allege that the District’s conduct interfered with any employee rights granted under EERA.
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.