Decision 2475E – United Teachers of Los Angeles (Raines, et al)

LA-CO-1394-E

Decision Date: February 29, 2016

Decision Type: PERB Decision

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Perc Vol: 40
Perc Index: 147

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

The representative has broad discretion to negotiate and modify collectively-bargained terms and conditions of employment but exclusively-represented employees are entitled to notice and some opportunity for input before the representative modifies collectively-bargained rights, so that employees may act to protect their interests.) PERB does not require a contract ratification vote or prescribe the particular form of access for employees to communicate their views but the exclusive representative violates the duty of fair representation where it provides no notice of a modification of the collective bargaining agreement and conceals from employees a side letter that substantially affects employee seniority rights.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.03000 – Negotiations

The representative has broad discretion to negotiate and modify collectively-bargained terms and conditions of employment but exclusively-represented employees are entitled to notice and some opportunity for input before the representative modifies collectively-bargained rights, so that employees may act to protect their interests. PERB does not require a contract ratification vote or prescribe the particular form of access for employees to communicate their views but the exclusive representative violates the duty of fair representation where it provides no notice of a modification of the collective bargaining agreement and conceals from employees a side letter that substantially affects employee seniority rights. Because “waiver” generally denotes a voluntary relinquishment of a known right, there can be no waiver where there is no actual or constructive notice that a right is being relinquished. Employees cannot have acquiesced or waived their right to give input on a change in their collectively-bargained seniority rights or priority order when they neither knew nor reasonably should have known that the representative was considering modifying seniority or priority rights.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

The representative has broad discretion to negotiate and modify collectively-bargained terms and conditions of employment but exclusively-represented employees are entitled to notice and some opportunity for input before the representative modifies collectively-bargained rights, so that employees may act to protect their interests. PERB does not require a contract ratification vote or prescribe the particular form of access for employees to communicate their views but the exclusive representative violates the duty of fair representation where it provides no notice of a modification of the collective bargaining agreement and conceals from employees a side letter that substantially affects employee seniority rights.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.02000 – Internal Union Procedures

The representative has broad discretion to negotiate and modify collectively-bargained terms and conditions of employment but exclusively-represented employees are entitled to notice and some opportunity for input before the representative modifies collectively-bargained rights, so that employees may act to protect their interests. PERB does not require a contract ratification vote or prescribe the particular form of access for employees to communicate their views but the exclusive representative violates the duty of fair representation where it provides no notice of a modification of the collective bargaining agreement and conceals from employees a side letter that substantially affects employee seniority rights.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.07000 – Contract Ratification by Unit Membership

PERB does not require a contract ratification vote or prescribe the particular form of access for employees to communicate their views but the exclusive representative violates the duty of fair representation where it provides no notice of a modification of the collective bargaining agreement and conceals from employees a side letter that substantially affects employee seniority rights.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.08000 – Waiver

Because “waiver” generally denotes a voluntary relinquishment of a known right, there can be no waiver where there is no actual or constructive notice that a right is being relinquished. Employees cannot have acquiesced or waived their right to give input on a change in their collectively-bargained seniority rights or priority order when they neither knew nor reasonably should have known that the representative was considering modifying seniority or priority rights.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.02000 – Investigation of Charge

PERB’s regulations neither expressly authorize nor prohibit processing unfair practice charges as class or representative actions and PERB may consolidate separately-filed charges including the same or overlapping allegations to promote administrative efficiency.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Under relation back doctrine, PERB may include additional charging parties after the limitations period has run if their allegations are identical to those included in a previously-filed charge.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.04000 – Amendments

Under relation back doctrine, PERB may include additional charging parties after the limitations period has run if their allegations are identical to those included in a previously-filed charge.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.02000 – Amended Charge or Complaint; Withdrawal of Charge; Relation Back Doctrine

Under relation back doctrine, PERB may include additional charging parties after the limitations period has run if their allegations are identical to those included in a previously-filed charge.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

Under relation back doctrine, PERB may include additional charging parties after the limitations period has run if their allegations are identical to those included in a previously-filed charge.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.05000 – Parties; Service

Under relation back doctrine, PERB may include additional charging parties after the limitations period has run if their allegations are identical to those included in a previously-filed charge.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.01000 – In General

Under relation back doctrine, PERB may include additional charging parties after the limitations period has run if their allegations are identical to those included in a previously-filed charge.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.02000 – Issuance of Complaint

Under relation back doctrine, PERB may include additional charging parties after the limitations period has run if their allegations are identical to those included in a previously-filed charge.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.03000 – Variance of Complaint from Charge; Evidence, Findings, or Order Varying from Complaint; Events Subsequent to Charge or Complaint

Under relation back doctrine, PERB may include additional charging parties after the limitations period has run if their allegations are identical to those included in a previously-filed charge.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.06000 – Service

The purpose of PERB’s service requirement is to protect against stale claims and to provide all parties notice of the issues, so that they can preserve evidence and prepare their claims or defenses. Its purpose is not to dismiss parties or entire actions on legal technicalities. Where respondent had notice of parties and knew the substance of their allegations before it put on its case-in-chief, it would not be prejudiced by excusing defective service of the unfair practice charge.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.07000 – Parties

Under relation back doctrine, PERB may include additional charging parties after the limitations period has run if their allegations are identical to those included in a previously-filed charge. PERB’s regulations neither expressly authorize nor prohibit processing unfair practice charges as class or representative actions and PERB may consolidate separately-filed charges including the same or overlapping allegations to promote administrative efficiency.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.09000 – Consolidation, Severance, or Bifurcation of Proceedings

PERB’s regulations neither expressly authorize nor prohibit processing unfair practice charges as class or representative actions and PERB may consolidate separately-filed charges including the same or overlapping allegations to promote administrative efficiency. Under relation back doctrine, PERB may include additional charging parties after the limitations period has run if their allegations are identical to those included in a previously-filed charge.

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.01000 – In General; Conduct of Hearing

Although the Office of the General Counsel and presiding ALJ have considerable discretion to investigate and decide issues in a manner that best conserves the agency’s resources and protects the rights of the parties, determination of who is a proper party to the case is generally appropriate before determining liability so that all parties can assess their possible exposure and likelihood of success and engage in meaningful settlement discussions. p. 56.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Because charging party’s response to exceptions and its cross-exception raised new issues, the Board provided other parties opportunity for supplemental briefing before deciding newly-raised issues.

1204.00000 – REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION
1204.01000 – In General

Employees generally not entitled to both wages and/or benefits allegedly lost as a result of their representative’s breach of its duty of fair representation and to be excused from contributing dues or agency fees owed to the representative, as the latter is necessary for the organization to continue functioning as their exclusive representative. pp. 93-94. Under federal precedent, employees seeking to recover lost wages or benefits allegedly stemming from their representative’s misrepresentation or omission of material facts about negotiations in violation of the duty of fair representation must show that: (a) absent the material misrepresentations or omissions, the outcome of the ratification vote would have been different; and, that (b) had the membership rejected the tentative agreement, the employer would have agreed to the union’s demands to negotiate different terms more favorable to the complaining employees. Although representative violated its duty of fair representation by negotiating change to seniority rights without notice or opportunity for input from employees, to recover lost income or benefits, charging parties must show through competent evidence that the change in seniority rules was the proximate cause of any losses suffered, i.e., that job assignments were awarded on the basis of the altered seniority rules. p. 92.

1204.00000 – REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION
1204.04000 – Reimbursement of Dues, Fees and Exactions to Employees; Union Liability

Because “waiver” generally denotes a voluntary relinquishment of a known right, there can be no waiver where there is no actual or constructive notice that a right is being relinquished. Employees cannot have acquiesced or waived their right to give input on a change in their collectively-bargained seniority rights or priority order when they neither knew nor reasonably should have known that the representative was considering modifying seniority or priority rights.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.01000 – In General

Because “waiver” generally denotes a voluntary relinquishment of a known right, there can be no waiver where there is no actual or constructive notice that a right is being relinquished. Employees cannot have acquiesced or waived their right to give input on a change in their collectively-bargained seniority rights or priority order when they neither knew nor reasonably should have known that the representative was considering modifying seniority or priority rights.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.04000 – By Acquiescence/Conduct

Because “waiver” generally denotes a voluntary relinquishment of a known right, there can be no waiver where there is no actual or constructive notice that a right is being relinquished. Employees cannot have acquiesced or waived their right to give input on a change in their collectively-bargained seniority rights or priority order when they neither knew nor reasonably should have known that the representative was considering modifying seniority or priority rights.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

Unlike PERB’s regulations and decisional law governing reconsideration or Board consideration of new evidence on appeal, “good cause” is not required to excuse the service requirement under PERB Regulation 32140, subdivision (a).

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

Unlike PERB’s regulations and decisional law governing reconsideration or Board consideration of new evidence on appeal, “good cause” is not required to excuse the service requirement under PERB Regulation 32140, subdivision (a).

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Under relation back doctrine, PERB may include additional charging parties after the limitations period has run if their allegations are identical to those included in a previously-filed charge.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.04000 – Amendments

Under relation back doctrine, PERB may include additional charging parties after the limitations period has run if their allegations are identical to those included in a previously-filed charge.