Decision 2226C – Operating Engineers Local 3 (Williams)
SF-CO-3-C
Decision Date: December 9, 2011
Decision Type: PERB Decision
Description: The charge alleged that the Operating Engineers Local 3 breached its duty of fair representation by failing to represent charging party following her termination from employment.
Disposition: The Board upheld the dismissal of the charge for failure to state a prima facie violation of the duty of fair representation, concluding that the charging party lacked standing to bring an unfair practice charge as a designated management employee under the Trial Court Act.
Perc Vol: 36
Perc Index: 93
Decision Headnotes
200.02000 – Managerial and Confidential
Under the Trial Court Act section 71637.1, a trial court may adopt reasonable rules and regulations providing for the designation of management and confidential employees; under section 71639.1, subdivision (e), a management employee so designated is not entitled to file an unfair practice charge; where charge alleged that charging party’s position as Court Supervisor was within a bargaining unit of specified management employees at the trial court and failed to establish that Court Supervisor position was not designated by the trial court as a management employee, charging party lacked standing to bring the charge and PERB was without authority to process the charge.
800.01000 – In General; Prima Facie Case
Under the Trial Court Act section 71637.1, a trial court may adopt reasonable rules and regulations providing for the designation of management and confidential employees; under section 71639.1, subdivision (e), a management employee so designated is not entitled to file an unfair practice charge; where charge alleged that charging party’s position as Court Supervisor was within a bargaining unit of specified management employees at the trial court and failed to establish that Court Supervisor position was not designated by the trial court as a management employee, charging party lacked standing to bring the charge and PERB was without authority to process the charge.
1100.05000 – Dismissal of Charge; Appeal
Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal was taken, the page or part of the dismissal to which the appeal was taken, or the ground for each issue stated, the appeal was subject to dismissal; unless good cause is shown, a charging party may not present on appeal new charge allegations or new supporting evidence under PERB Regulation 32635, subdivision (b); where no reason was given for including new allegations in appeal rather than in charge or amended charge, good cause was not shown.
1109.01000 – In General
Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal was taken, the page or part of the dismissal to which the appeal was taken, or the ground for each issue stated, the appeal was subject to dismissal; unless good cause is shown, a charging party may not present on appeal new charge allegations or new supporting evidence under PERB Regulation 32635, subdivision (b); where no reason was given for including new allegations in appeal rather than in charge or amended charge, good cause was not shown.