Decision 2144M – West Side Healthcare District

SA-CE-624-M

Decision Date: November 30, 2010

Decision Type: PERB Decision

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Perc Vol: 35
Perc Index: 6

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

Charging party’s claims that employer created a point system for absences, late calls or tardiness, reduced the level of benefits that employees would receive, and made changes to the merit pay policy were insufficient to establish a prima facie case for illegal unilateral change. Charge failed to include facts setting forth the original policies or procedures and/or how the new procedures were different from the originals. This information is essential to charging party’s claim. It is a charging party’s responsibility to allege a “clear and concise statement of the facts and conduct alleged to constitute an unfair practice charge.” Mere legal conclusions are not sufficient to state a prima facie case.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.01000 – In General

Charging party’s claims that the employer has withdrawn from tentative agreements, appeared at a meeting without looking at a previous proposal, and refused to discuss any wage proposal, were insufficient, by themselves, to establish a claim for surface bargaining. The allegations lack the clear and concise factual context necessary to establish an indicia of surface bargaining. It is a charging party’s responsibility to allege a “clear and concise statement of the facts and conduct alleged to constitute an unfair practice charge.” Where charging party failed to do so the charge failed to establish a prima facie case for surface bargaining.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Charging party has the burden to allege a “clear and concise statement of the facts and conduct alleged to constitute an unfair practice charge.” Mere legal conclusions are not sufficient to state a prima facie case. Where charging party claimed that the employer created a point system for absences, late calls or tardiness, reduced the level of benefits that employees would receive, and made changes to the merit pay policy, but failed to include facts setting forth the original policies or procedures and/or how the new procedures were different from the originals, the charge was insufficient to establish a prima facie case for illegal unilateral change. Charging party has the burden to allege a “clear and concise statement of the facts and conduct alleged to constitute an unfair practice charge.” Where charge alleged, without more, that the employer withdrew from tentative agreements, appeared at a meeting without looking at a previous proposal, and refused to discuss any wage proposal, charge was insufficient to establish a claim for surface bargaining. The allegations lack the clear and concise factual context necessary to establish an indicia of surface bargaining.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

Charging party has the burden to allege a “clear and concise statement of the facts and conduct alleged to constitute an unfair practice charge.” Mere legal conclusions are not sufficient to state a prima facie case. Where charging party claimed that the employer created a point system for absences, late calls or tardiness, reduced the level of benefits that employees would receive, and made changes to the merit pay policy, but failed to include facts setting forth the original policies or procedures and/or how the new procedures were different from the originals, the charge was insufficient to establish a prima facie case for illegal unilateral change. Charging party has the burden to allege a “clear and concise statement of the facts and conduct alleged to constitute an unfair practice charge.” Where charge alleged, without more, that the employer withdrew from tentative agreements, appeared at a meeting without looking at a previous proposal, and refused to discuss any wage proposal, charge was insufficient to establish a claim for surface bargaining. The allegations lack the clear and concise factual context necessary to establish an indicia of surface bargaining.