PERB - California Public Employment Relations Board
08/02/2024 | Press release | Distributed by Public on 08/02/2024 10:44
July 2024 Board Decisions Summary
July 2024 Board Decisions Summary
In July 2024, the Board issued six decisions. The decision descriptions and dispositions are below.
Organization: United Teachers Los Angeles (Lukens)
Case Nos. LA-CO-1858-E & LA-CO-1865-E
Issued date: July 2, 2024
Non-Precedential
Description: On separate unfair practice charges, two Board agents from PERB's Office of the General Counsel (OGC) dismissed charges in which Charging Party alleged that United Teachers Los Angeles (UTLA) violated the right to fair representation established by the Educational Employment Relations Act (EERA). In both cases, OGC determined that Charging Party failed to establish a prima facie case and, and, in part, that the charges concerned actions taken outside the six-month statute of limitations period. Charging Party appealed the dismissals.
Disposition: In a consolidated decision, the Board affirmed both dismissals after reviewing the entire record, including Charging Party's appeals. The Board determined that the record supported dismissal because Charging Party failed to state a prima facie case, and because a portion of the charges were untimely.
Organization: United Teachers Los Angeles (Lukens, et al.)
Case Nos. LA-CO-1860-E
Issued date: July 2, 2024
Non-Precedential
Description: Charging Parties alleged that United Teachers Los Angeles (UTLA) violated the right to fair representation established by the Educational Employment Relations Act (EERA) when UTLA failed to follow internal union election rules during union officer elections in 2023. Charging Parties also alleged that UTLA had prohibited Charging Party Lukens from speaking about non-endorsed school board candidates during UTLA meetings. PERB's Office of the General Counsel (OGC) dismissed the charge after determining that Charging Parties failed to establish a prima facie case and, and, in part, that the charges concerned actions taken outside the six-month statute of limitations period. Charging Parties timely appealed the dismissal.
Disposition: After reviewing the entire record, including Charging Parties' appeal, the Board affirmed the dismissal. The Board determined that the record supported dismissal because Charging Party failed to state a prima facie case, and because a portion of the charges were untimely.
Decision No. 2909-M
Organization: Sacramento County Deputy Sheriffs Association (Monelavongsy)
Case No. SA-CO-166-M
Issued date: July 8, 2024
Non-Precedential
Description: Naydeen Monelavongsy alleged that her union, Sacramento County Deputy Sheriffs' Association, violated failed to represent her in a grievance arbitration challenging her dismissal from the Sacramento County Sheriff's Department. After Monelavongsy declined the opportunity to amend her charge, PERB's Office of the General Counsel dismissed the charge for untimeliness and failure to state a prima facie case of any MMBA violation. Monelavongsy appealed OGC's dismissal, and the Association filed an opposition.
Disposition: In a non-precedential decision, the Board affirmed the dismissal.
Employer: Eastern Municipal Water District
Case Nos. LA-CE-1335-M and LA-CE-1355-M
Issued date: July 8, 2024
Non-Precedential
Description: Dorian Francis Corliss, an employee of Eastern Municipal Water District, alleged that the District terminated him in retaliation for protected activities and interfered with his rights under the MMBA. The ALJ dismissed the retaliation claim, finding that, even absent protected activity, the District would have taken the exact same action against Corliss based on a non-discriminatory reason. In contrast, the ALJ found that the District interfered with protected activities when it: (1) alleged that protected activity constituted wrongdoing; and (2) required Corliss to obtain District permission before accessing District property or contacting any District employee other than his designated representative. Corliss excepted to the ALJ's decision on his retaliation claim, as well as to the ALJ's proposed remedy.
Disposition: In a non-precedential decision, the Board affirmed the ALJ's conclusions as to the merits but revised the proposed remedial order. The Board disagreed with Corliss's argument in favor of reinstatement and backpay, as the District would have terminated Corliss for a legitimate reason even absent the District's unlawful interference. However, the Board issued a tailored remedy ordering the District to cease and desist from violating the MMBA in the manner that it did here, post a notice, and expunge those portions of the discharge documents that assert protected activities constituted wrongdoing.
Employer: State of California (California Correctional Health Care Services)
Case No. SF-CE-299-S
Issued date: July 19, 2024
Non-Precedential
Description: PERB issued a complaint alleging that Respondent California Correctional Health Care Services (CCHCS) violated Dills Act section 3519, subdivision (a) by retaliating against Charging Party Kevin M. Healy for protected activities including, (1) filing and prosecuting two unfair practice charges before PERB; and (2) representing a State employee in a health and safety matter on behalf of Service Employees International Union, Local 1000 (SEIU), a recognized employee organization at CCHCS. In the proposed decision, the ALJ concluded that Healy established a prima facie case of retaliation by CCHCS when management denied his hire above the minimum (HAM) request. However, the ALJ further determined that CCHCS sufficiently established the affirmative defense of a nondiscriminatory justification for denial of the HAM. Accordingly, the ALJ dismissed the complaint.
Disposition: In a non-precedential decision, the Board affirmed the ALJ's proposed decision and dismissed the complaint and underlying unfair practice charge.
Organization: Faculty Association of Santa Monica College (Eshaghian)
Case No. LA-CO-1821-E
Issued date: July 23, 2024
Non-Precedential
Description: PERB's Office of the General Counsel issued a complaint alleging that Respondent Faculty Association of Santa Monica College violated the duty of fair representation when it refused to assist Charging Party Mary Mehrnoosh M. Eshaghian in filing a grievance against her employer, Santa Monica College. After the matter was referred to PERB's Division of Administrative Law for a formal hearing, the Association filed a motion to dismiss the Complaint. The Administrative Law Judge granted Respondent's motion and dismissed the Complaint, finding that the Association did not owe Charging Party a duty of fair representation in the filing of the grievance because the Association did not exclusively control the grievance process, among other reasons.
Disposition: In a non-precedential decision, the Board affirmed the ALJ's order and dismissed the complaint and unfair practice charge.