Decision 2562E – Lake Elsinore Teachers Association (Rosales)

LA-CO-1709-E

Decision Date: May 2, 2018

Decision Type: PERB Decision (Non-Precedential)

Description:  Community College District (District) excepted to a proposed decision finding that District violated its duty to meet and confer in good faith when it refused to provide faculty association with copies of written discrimination complaints against two faculty members in advance their investigatory interviews.

Disposition:  Although an employer may not implement categorical policies preventing disclosure of written discrimination complaints or denying requests related to extra-contractual disciplinary meetings or proceedings, the Board nonetheless reversed the proposed decision.  The Board held that a union has a right to sufficient information regarding alleged wrongdoing to enable a union representative to represent an employee in a meaningful manner during an investigatory interview, but the union does not obtain the right to an underlying written complaint until after the initial investigatory interview.

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