Decision 2474E – Claremont Faculty Association (Lukkarila)
LA-CO-1630-E
Decision Date: February 29, 2016
Decision Type: PERB Decision
Description: Charging party alleged that the Association violated EERA by failing to comply with his multiple requests for detailed financial reports and that such failure interfered with his ability to campaign for an elected position with the Association.
Disposition: The Board affirmed the proposed decision dismissing the allegations that the Association failed to provide financial reports for the years prior to 2012-2013 and that the Association’s actions interfered with charging party’s ability to campaign for an elected position. The Board reversed the ALJ’s finding that, with respect to the financial records for the 2012-2013 fiscal year, the Association’s belated compliance rendered charging party’s claim as moot.
Perc Vol: 40
Perc Index: 146
Decision Headnotes
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.
1205.10000 – 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.
1501.01000 – 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.