Decision 2246M – City of Santa Monica
LA-CE-426-M
Decision Date: April 6, 2012
Decision Type: PERB Decision
Description: The charge alleged that the City engaged in a variety of unlawful conduct including denial of raises and promotions, interference with union representation by rejecting information requests, retaliation and intimidation.
Disposition: The Board upheld the partial dismissal of the charge for untimeliness and for failure to state a prima facie case, concluding that charging party’s alleged instances of adverse action were untimely and charging party lacked standing as an individual employee to pursue an allegation that the employer engaged in bad faith bargaining by failing to comply with an information request.
Perc Vol: 30
Perc Index: 149
Decision Headnotes
604.01000 – In General
An employer’s duty to provide, upon request, necessary and relevant information to an exclusive representative derives from the duty to bargain in good faith; the duty to bargain in good faith is only owed between an employee organization and the employer, and does not apply to the relationship between an individual employee and the employer; where employee organization withdrew as a charging party to the charge, individual employee lacked standing to pursue an allegation that an employer engaged in bad faith bargaining by failing to comply with an information request.
1100.03000 – Standing
An employer’s duty to provide, upon request, necessary and relevant information to an exclusive representative derives from the duty to bargain in good faith; the duty to bargain in good faith is only owed between an employee organization and the employer, and does not apply to the relationship between an individual employee and the employer; where employee organization withdrew as a charging party to the charge, individual employee lacked standing to pursue an allegation that an employer engaged in bad faith bargaining by failing to comply with an information request.
1101.02000 – Amended Charge or Complaint; Withdrawal of Charge; Relation Back Doctrine
An amendment “relates back” to the original charge only when it clarifies facts alleged in the original charge or adds a new legal theory based on facts alleged in the original charge.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
An employer’s duty to provide, upon request, necessary and relevant information to an exclusive representative derives from the duty to bargain in good faith; the duty to bargain in good faith is only owed between an employee organization and the employer, and does not apply to the relationship between an individual employee and the employer; where employee organization withdrew as a charging party to the charge, individual employee lacked standing to pursue an allegation that an employer engaged in bad faith bargaining by failing to comply with an information request.