Decision 2167M – Antelope Valley Hospital District
LA-CE-534-M
Decision Date: February 25, 2011
Decision Type: PERB Decision
Description: The charge alleged that the District violated the MMBA by failing to provide charging party with a mediator in connection with grievances filed by him, retaliating against him for “promoting” a rival labor organization, failing to provide him with requested information, and failing to adequately process his grievances.
Disposition: The Board upheld the dismissal of the charge, finding that the charge was untimely filed and failed to state a prima facie case.
Perc Vol: 35
Perc Index: 47
Decision Headnotes
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.
408.02000 – 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.
501.01000 – 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.
503.01000 – 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.
604.01000 – In General
Individual employee lacks standing to allege that employer violated the MMBA by failing to provide him with requested information.
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.
1100.02000 – 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.
1100.03000 – Standing
Individual employee lacks standing to allege that employer violated the MMBA by failing to provide him with requested information.
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.