Board Decisions Summary – August 2022
In August 2022, the Board issued seven decisions. The decision descriptions and dispositions are below.
Organization: Service Employees International Union Local 1021 (Jayasuriya)
Case No. SF-CO-2-P
Issued date: August 3, 2022
Description: Sumudu Darshana Jayasuriya (Charging Party) appealed the dismissal of his amended unfair practice charge alleging that SEIU Local 1021 breached its duty of fair representation by a variety of conduct, including: not pursing his grievances over his employer’s decision to deny him a promotion; failing to update him about the status of grievances; settling a grievance rather than pursing it to arbitration; not sharing the results of grievances with unit members; not placing one of his grievances on a fast-track toward resolution; negotiating changes to the sick leave policy without affording unit members the chance to vote; failing to distribute proceeds of a backpay award to unit members; only supporting the claims of unit members who were close to the union’s leadership; and allowing a recalled union officer to continue conducting union business. The Office of the General Counsel dismissed the charge on the grounds that it failed to state a prima facie case. Charging Party appealed.
Disposition: The Board affirmed OGC’s decision dismissing Charging Party’s unfair practice charge. The amended unfair practice charge was dismissed without leave to amend.
Employer: Alameda Health System
Case No. SF-CE-1740-M
Issued date: August 4, 2022
Description: An administrative law judge found that Alameda Health System (AHS) violated the MMBA by unilaterally changing its enforcement of dependent eligibility requirements for medical coverage, without first affording SEIU an adequate opportunity to meet and confer. SEIU filed exceptions to the proposed decision but then asked to withdraw its exceptions and proceed to compliance proceedings. The Board afforded AHS an opportunity to respond to this request, but it declined to do so. Nor did AHS file exceptions of its own.
Disposition: In a non-precedential decision, the Board found that there was no conflict with the MMBA’s purposes to grant SEIU’s unopposed request. In the absence of any exceptions from AHS, the Board deemed the proposed decision final. The Board granted SEIU’s request to withdraw its exceptions and remanded the matter to the Office of the General Counsel for compliance proceedings.
Employer: Los Angeles Unified School District
Case No. LA-CE-6623-E
Issued date: August 15, 2022
Description: Wayman Washington alleged that his former employer, Los Angeles Unified School District, violated the Educational Employment Relations Act (EERA) by discharging him from his position as a substitute teacher under false pretenses and then telling the California Employment Development Department that he was discharged for misconduct. The Office of the General Counsel (OGC) dismissed the amended charge for failure to establish a prima facie case of any EERA violation. Washington timely appealed.
Disposition: In a non-precedential decision, the Board affirmed OGC’s dismissal.
Employer: Los Rios Community College District
Case Nos. SA-CE-2921-E and SA-CE-2926-E
Issued date: August 23, 2022
Description: In two separate charges, Annette Deglow alleged that Los Rios Community College District retaliated for protected activity by using the Workers’ Compensation Medical Utilization Review process to deny her access to necessary medical treatment. The two charges reference different Workers’ Compensation claims, but otherwise are nearly identical. PERB’s Office of the General Counsel (OGC) dismissed the two charges for failure to state a prima facie case of any EERA violation. Deglow timely appealed.
Disposition: In a non-precedential decision, PERB affirmed OGC’s conclusions and dismissed the unfair practice charges without leave to amend.
Employer: City and County of San Francisco
Case No. SF-SV-132-M
Issued date: August 24, 2022
Description: The City and County of San Francisco (City) appealed an administrative determination. PERB’s Appeals Office rejected as untimely the City’s response to an appeal by the San Francisco Deputy Sheriffs’ Association of the Office of the General Counsel’s (OGC) administrative determination rejecting the Association’s severance petition. The City filed a timely appeal of the administrative determination, arguing that it had good cause for late filing its response.
Disposition: The Board affirmed the Appeals Office’s rejection of the City’s late filing, finding the City did not establish good cause for late filing.
Organization: Service Employees International Union Local 1000 (Williams)
Case No. SA-CO-512-S
Issued date: August 26, 2022
Description: Youlanda Williams asked the Board to reconsider its decision in Service Employees International Union Local 1000 (Williams) (2022) PERB Decision No. 2825-S, wherein the Board affirmed a dismissal letter issued by PERB’s Office of the General Counsel (OGC). In the underlying unfair practice charge, Williams alleged that Service Employees International Union Local 1000 breached its duty of fair representation. OGC issued Williams a warning letter, Williams did not respond by the deadline established in the warning letter, and OGC dismissed the charge for failure to allege a prima facie case. On appeal, the Board found no basis to disturb OGC’s conclusions. In her reconsideration request, Williams argued that her failure to respond to the warning letter was an unintentional oversight, and the Board should excuse it.
Disposition: In a non-precedential decision, the denied Williams’ reconsideration request.