Decision 2572M – San Bernardino Public Employees Association

LA-CO-186-M

Decision Date: June 21, 2018

Decision Type: PERB Decision

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Perc Vol: 43
Perc Index: 7

Decision Headnotes

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.05000 – Union Threats; Violence

Statement that union president intended to file disciplinary charges against employee for perjury was not an adverse action where employee was informed the next working day, through no effort of his own, that union president would not be filing charges.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.05500 – Discrimination

Statement that union president intended to file disciplinary charges against employee for perjury was not an adverse action where employee was informed the next working day, through no effort of his own, that union president would not be filing charges.

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.01000 – In General

Before an employee is obligated to join the union or pay an agency fee, union must give notice of right not to become a member and to object to paying for union activities unrelated to the union’s duties as the bargaining representative, but this notice need not be provided in the organizational security provisions in a memorandum of understanding.

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.03000 – Procedures for Collection

Before an employee is obligated to join the union or pay an agency fee, union must give notice of right not to become a member and to object to paying for union activities unrelated to the union’s duties as the bargaining representative, but this notice need not be provided in the organizational security provisions in a memorandum of understanding.

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

The Board declined to consider an argument not made to the ALJ.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

The Board may consider an allegation not included in the complaint if: (1) adequate notice and opportunity to defend has been provided to respondent; (2) the acts are intimately related to the subject matter of the complaint and are part of the same course of conduct; (3) the unalleged violation has been fully litigated; and (4) the parties have had the opportunity to examine and be crossexamined on the issue.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

Making an argument for the first time in a post-hearing brief is not sufficient notice of an unalleged violation.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

The Board declined to consider an argument not made to the ALJ.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.18000 – Review of Findings Not Excepted To

The Board has discretion to review matters not excepted to, including when, as here, the correction is needed to “prevent an erroneously-decided issue from becoming Board precedent.” Sua sponte review is particularly appropriate when the erroneously decided issue is closely intertwined with the exceptions before the Board.

1501.00000 – MISCELLANEOUS ISSUES; FINANCIAL REPORTS
1501.01000 – In General

No violation of MMBA section 3502.5(f) where employee received financial reports with stamps or watermarks that did not completely obscure any information in the report.