Decision 2501M – East Bay Municipal Utility District


Decision Date: September 23, 2016

Decision Type: PERB Decision (Non-Precedential)

Description:  Charging party alleged that the Utility District violated the MMBA in numerous ways including failing to provide her with the pay and privileges of a supervisor classification; failing to exclude her from the AFSCME bargaining unit; failing to investigate complaints made to the District’s board of directors; telling her the grievance machinery was owned by the union after she voiced failing to accept or process her complaints about her classification; and by retaliating against her for voicing her complaints at District board meetings.  Charging party also alleged that the District violated its Employer-Employee Relations Policy, as well as her due process rights and constitutional rights to free association, free speech, the right to petition her government, and the right to be free from government oppression.  Lastly, charging party alleged that the District discriminated against her because of her gender.

Disposition:  The Office of the General Counsel dismissed the charge for failure to state a prima facie case, lack of standing, lack of jurisdiction, and timeliness.  The Board affirmed the dismissal of the charge and adopted the warning and dismissal letters of the Office of the General Counsel.

Perc Vol: 41
Perc Index: 67

Decision Headnotes

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