Decision 2147E – Fontana Unified School District

LA-CE-5266-E

Decision Date: December 10, 2010

Decision Type: PERB Decision

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Perc Vol: 35
Perc Index: 10

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.01000 – In General

PERB has consistently held that filing complaints with outside agencies and regarding issues such as race or gender based discrimination does not qualify as protected activity. This is because outside agencies often have rules and regulations in place to prevent unlawful retaliation for filing complaint and because PERB does lacks the authority to address race or gender based discrimination claims.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.16000 – Appeals to Other Agencies/Filing of Court Actions

PERB has consistently held that filing complaints with outside agencies and regarding issues such as race or gender based discrimination does not qualify as protected activity. This is because outside agencies often have rules and regulations in place to prevent unlawful retaliation for filing complaint and because PERB does lacks the authority to address race or gender based discrimination claims.

502.00000 – EMPLOYER DISCRIMINATION; PERSONS PROTECTED
502.01000 – In General

PERB has consistently held that filing complaints with outside agencies and regarding issues such as race or gender based discrimination does not qualify as protected activity. This is because outside agencies often have rules and regulations in place to prevent unlawful retaliation for filing complaint and because PERB does lacks the authority to address race or gender based discrimination claims.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.01000 – In General

Under EERA, public school employers and exclusive representatives owe a mutual duty to meet and confer with one another in good faith concerning issues within the scope of representation. Thus, the employer’s duty to negotiate in good faith is owed to the exclusive representative employee organization. Consequently, individual employees lack standing to allege that an employer has failed to bargain in good faith.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

PERB Regulation 32615(a)(5) requires, among other things, that an unfair practice charge include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. This burden includes alleging the who, what, when, where and how of an unfair practice.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Under EERA, public school employers and exclusive representatives owe a mutual duty to meet and confer with one another in good faith concerning issues within the scope of representation. Thus, the employer’s duty to negotiate in good faith is owed to the exclusive representative employee organization. Consequently, individual employees lack standing to allege that an employer has failed to bargain in good faith.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

PERB Regulation 32615(a)(5) requires, among other things, that an unfair practice charge include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. This burden includes alleging the who, what, when, where and how of an unfair practice.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

PERB Regulation 32615(a)(5) requires, among other things, that an unfair practice charge include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. This burden includes alleging the who, what, when, where and how of an unfair practice.