Decision 2153H – Regents of the University of California

LA-CE-1065-H

Decision Date: December 30, 2010

Decision Type: PERB Decision

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Perc Vol: 35
Perc Index: 21

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession

HEERA is limited in scope, regulating only certain conduct by employers. HEERA does not address, and PERB has no jurisdiction over, allegations that a university breached an employment contract, defamed an employee’s character, or misrepresented an employee’s scholarly or academic efforts.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.04000 – Individual/Concerted/Activities/Self-Representation

Employee complaints to employers are protected only when those complaints are a logical continuation of group activity. Charging party's activities were entirely personal in nature, not concerted, including complaints to supervisors about his own employment conditions and negative work performance evaluation.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Individual employees do not have standing to allege violations of sections that protect the collective bargaining rights of employee organizations.