Decision 2167M – Antelope Valley Hospital District

LA-CE-534-M

Decision Date: February 25, 2011

Decision Type: PERB Decision

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Perc Vol: 35
Perc Index: 47

Decision Headnotes

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.01000 – In General

Nothing contained in the MMBA requires that public employers provide grievants with a mediator or utilize a mediator as part of a grievance procedure. While MMBA may provide individual employees the right to file grievances on their own behalf, nothing contained in the MMBA requires that an employer process an employee’s grievance.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.02000 – Grievances/Grievance Procedure

Nothing contained in the MMBA requires that public employers provide grievants with a mediator or utilize a mediator as part of a grievance procedure. While MMBA may provide individual employees the right to file grievances on their own behalf, nothing contained in the MMBA requires that an employer process an employee’s grievance.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Charge fails to allege facts demonstrating that employer knew that charging party “promoted” a labor organization or any facts establishing a causal connection between charging party’s protected activity and employer’s insistence that he sign a last chance agreement.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Nothing contained in the MMBA requires that public employers provide grievants with a mediator or utilize a mediator as part of a grievance procedure.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.01000 – In General

Individual employee lacks standing to allege that employer violated the MMBA by failing to provide him with requested information.

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

While the Board agent’s duties include assisting the charging party in stating the proper form of the charge, making inquiries and reviewing the charge and any accompanying materials, the duty remains with the charging party to provide a clear and concise statement of the facts. The purpose of the Board agent’s review is to determine if the charge states sufficient facts that, if proven, would constitute an unfair practice. It is incumbent upon the charging party to provide such facts to the Board agent, not merely to assert that the factual information will be made available at a later time.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.02000 – Investigation of Charge

While the Board agent’s duties include assisting the charging party in stating the proper form of the charge, making inquiries and reviewing the charge and any accompanying materials, the duty remains with the charging party to provide a clear and concise statement of the facts. The purpose of the Board agent’s review is to determine if the charge states sufficient facts that, if proven, would constitute an unfair practice. It is incumbent upon the charging party to provide such facts to the Board agent, not merely to assert that the factual information will be made available at a later time.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Individual employee lacks standing to allege that employer violated the MMBA by failing to provide him with requested information.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

While the Board agent’s duties include assisting the charging party in stating the proper form of the charge, making inquiries and reviewing the charge and any accompanying materials, the duty remains with the charging party to provide a clear and concise statement of the facts. The purpose of the Board agent’s review is to determine if the charge states sufficient facts that, if proven, would constitute an unfair practice. It is incumbent upon the charging party to provide such facts to the Board agent, not merely to assert that the factual information will be made available at a later time.