Decision 2253H – University Professional and Technical Employees-Communications Workers of America Local 9119 (Witke)


Decision Date: April 23, 2012

Decision Type: PERB Decision

Description:  The charge alleged that UPTE-CWA violated PERB regulations requiring that agency fee challenge hearings be fair proceedings conducted in conformance with basic precepts of due process because charging party did not receive adequate pre-hearing notice from the American Arbitration Association arbitrator of the agency fee challenge hearing.

Disposition:  The Board upheld the dismissal of the charge for failure to state a prima facie violation of PERB regulations, concluding that the charge failed to allege facts demonstrating that PERB should not defer to the decision of arbitrator regarding the adequacy of the pre-hearing notice.

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Perc Vol: 36
Perc Index: 161

Decision Headnotes

1100.02000 – Investigation of Charge

In processing an unfair practice charge, a Board agent may freely communicate with the parties to facilitate the gathering of information necessary to the investigation of the charge; there is no prohibition on ex parte communications in the charge processing stage of an unfair practice proceeding; ex parte communications at the charge processing stage of unfair practice proceedings are a routine and necessary part of Board agent regulatory duties and enable them to assist a charging party in formulating a charge, answer procedural questions, facilitate communication between the parties and make inquiries, as required under PERB regulations.

1100.12000 – Extensions of Time

It cannot be assumed from a respondent’s failure to put its request for extension in writing in violation of PERB’s regulations that Board agent did not find good cause to grant the extension; the respondent’s non-compliance with the requirements for requesting extensions, when there is no showing of prejudice, does not require Board agent to exclude from consideration the respondent’s position statement filed within the extended time period; PERB’s regulations regarding extensions of time enable Board agents to exercise control over the timeline for processing a charge and while violations of PERB’s regulations will not be condoned, neither will they be used to undermine the authority of Board agents in the performance of their duties.