Decision 2500S – State of California (Department of Social Services)
Decision Date: September 19, 2016
Decision Type: PERB Decision (Non-Precedential)
Description: A State employee filed an unfair practice charge alleging violations of her right to union representation and of the union’s right to represent employees in an informal grievance meeting. The Office of the General Counsel dismissed the charge for failure to state a prima facie case and for lack of standing, after determining that the employee’s supervisor had not conditioned a meeting on the absence of representation or seek to the representative but had required additional information about the issues to be discussed before agreeing to meet with the employee and her representative.
Disposition: On appeal, the employee attempted to present additional facts, which were previously known and available to her, but which she had not included in the unfair practice charge because she did not understand the legal requirements for stating a prima facie case. Finding that the circumstances did not involve newly-discovered evidence that was not previously available, the Board declined to consider the newly-presented information on appeal and affirmed the dismissal of the unfair practice charge on a non-precedential basis.
Perc Vol: 41
Perc Index: 65