Decision 2474E – Claremont Faculty Association (Lukkarila)

LA-CO-1630-E

Decision Date: February 29, 2016

Decision Type: PERB Decision

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Perc Vol: 40
Perc Index: 146

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.06000 – Other

Respondent violated EERA section 3546.5 because the financial report provided was not “signed and certified as to accuracy by its president, treasurer, or corresponding principal officers.” An unexcused delay in responding to a request for a financial report is analogous to an employer’s unexcused delay in responding to a request for information that is relevant and necessary to an employee organization’s representational duties. Therefore, for the period of time between a request for the report and the delay in providing the signed report, the union was in breach of EERA section 3546.5. Subsequently providing a financial report after the issuance of a complaint, without explanation, does not excuse a violation prior to that date.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.10000 – Other Affirmative Relief

Subsequent to the repeal of PERB Regulation 32125, a charging party alleging a violation of EERA section 3546.5 is now entitled to a remedy besides receipt of the applicable financial report, viz., a posting by the respondent.

1501.00000 – MISCELLANEOUS ISSUES; FINANCIAL REPORTS
1501.01000 – In General

Respondent violated EERA section 3546.5 because the financial report provided was not “signed and certified as to accuracy by its president, treasurer, or corresponding principal officers.” An unexcused delay in responding to a request for a financial report is analogous to an employer’s unexcused delay in responding to a request for information that is relevant and necessary to an employee organization’s representational duties. Therefore, for the period of time between a request for the report and the delay in providing the signed report, the union was in breach of EERA section 3546.5. Subsequently providing a financial report after the issuance of a complaint, without explanation, does not excuse a violation prior to that date. Subsequent to the repeal of PERB Regulation 32125, a charging party alleging a violation of EERA section 3546.5 is now entitled to a remedy besides receipt of the applicable financial report, viz., a posting by the respondent.