PERB Decision No. 0161E•Marin Community College District (PERB 0161E)
Marin Community College District (PERB 0161E)
PERB Decision No. 0161ECalperb03.04.1981
Gesamter Gesetzestext
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD UNITED ROFESSOR OF MARIN, AFT LOCAL 1610, FL-CIO, Charging Party, v . MARIN COMMUNITY COLLEGE DISTRICT, Respondent. Case No. SF-CE-124 PERB Decision No. 161 April 3, 11981 Appearances: obert J. Bezemek, Attorney (Van Bourg, Allen, Robert J. Bezemek, Attorney (Van Bourg, Allen, Weinberg & Roger ) for United Professors of Marin, AFT Weinberg & Roger) for United Professors . of Marin I AFT Local 1610, AFL-CIO; Richard V. Godino, Attorney (Breon, Local 1610, AFL-CIO; Richard V. Godino, Attorney (Breon, Galgani & Godino) for Marin Community College District. Galgani & Godino) for Marin Community College District. Before Gluck, Chairperson; Jaeger, Moore and Tovar, Members. DECISION AND ORDER Gluck, This case is before the Board on appeal from a dismissal by the hearing officer of charges alleging that the employer failed to meet and consult with the charging party, United Professors of Marin, AFT Local 1610, AFL-CIO (hereafter UPM). At the time the charge was filed and dismissed, the charging party was not yet an exclusive representative, nor had a unit been determined The record indicates that now the charging party is certified as the exclusive representative of the employees on whose behalf ehalf i it sought to meet and consult. As a result of this development, the employer now clearly has a duty to meet and negotiate with charging party. The Board therefore finds that no useful purpose would be served by reviewing the issue STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD UNITED P S OF MARIN, AFT LOCAL 1610, A Case No. SF-CE-124 PERB Decision No. 161 April 3, 198 Appearances: R This case is before the Board on appeal from a dismissal by the hearing officer of charges alleging that the employer failed to meet and consult with the charging party, United Professors of Marin, AFT Local 1610, AFL-CIO (hereafter UPM) . At the time the charge was filed and dismissed, the charging party was not yet an exclusive representative, nor had a unit been determined. The record indicates that now the charging party is certified as the exclusive representative of the employees on whose b t sought to meet and consult. As a result of this development, the employer now clearly has a duty to meet and negotiate with charging party. The Board therefore finds that no useful purpose would be served by reviewing the issue PROFESSORS AFL-CIO, Charging Party, v. MARIN COMMUNITY COLLEGE DISTRICT, Respondent. ) ) ) ) ) ) ) ) ) ) ____________________ ) Before Chairperson; Jaeger, Moore and Tovar, Members. DECISION AND ORDER .
of whether, on June 29, 19 of June 29, 1977, the employer should have met and consulted with UPM prior to the complained of actions. The Board therefore SUSTAINS the hearing o icer's dismissal of the charge. 77, the employer should have met and consulted with UPM prior to the complained of actions. The Board therefore SUSTAINS the hearing officer's dismissal of the charge . PER C 2 whether, on PER CURIAM URIAM 2
STATE OF CALIFORNIA EDUCATIONAL EMPLOYMENT RELATIONS BOARD 33 CA I 4 UNITED PROFESSORS OF MARIN, AFT, LOCAL 1610, AFL-CIO, 5 Charging Party, 6 VS . CASE No. SF-CE-124-77/78 7 MARIN COMMUNITY COLLEGE DISTRICT, 8 REVISED NOTICE OF DISMISSAL 10 WITHOUT LEAVE TO AMEND 11 12 Notice is hereby given that the above charge is dismissed without 13 leave to amend. The dismissal is based on the following grounds: 14 The charge alleges in substance that the District has violated 15 Sections 3543.5(a) and (b) of the Government Code in that they 16 unilaterally reduced the size of faculty, thereby burdening the 17 remaining faculty with larger classes, without notice to the 18 charging party and without providing an opportunity to meet and 19 consult. Charging party alleges that this also violated their 20 Section 3543.1(a) right to represent their members regarding a 21 matter within the Section 3543.2 definition of scope of repre- 22 sentation. 23 The responding party indicates in their answer to the charge 24 that a unit of certificated employees has not yet been determined 25 within the Marin Community College District, the charging party 26 has not been certified as the exclusive representative, nor has 27 any agreement been reached between the District and the charging COURT PAPER TATE OF CALIFORNIA .TD. 113 ( REV 8. 72) Q5P ,\ --- -, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 :OURT PAPER um•""""""" I ,TO 113 (REV 8-721 OSP STATE OF CALIFORNIA ~tjCATIONAL EMPLOYMENT RELATIONS BOARD In n the matter of: the matter UNITED PROFESSORS OF MARIN, AFT, LOCAL 1610, AFL-CIO, Charging Party, VS. MARIN COMMUNITY COLLEGE DISTRICT, Respondent. Respondent. oi: ) ) ) ) ) ) ) ) ) ) ) __________________ ). CASE No. SF-CE-124-77/78 REVISED NOTICE OF DISMISSAL WITHOUT LEAVE TO AMEND that dismissed without Notice is hereby given the above charge is amend. The dismissal is based on the following grounds: leave to the violated charge alleges in substance that District has The Sections 3543.S(a) and (b) of the Government Code in that they thereby burdening the unilaterally reduced the size of faculty, the remaining faculty with larger classes,without notice to providing an opportunity to meet and charging party and without consult. Charging party alleges that this also violated their a Section 3543.l(a) right to represent their members regarding the Section 3543.2 definition of scope of repre- matter within sentation. their answer The responding party indicates in to the charge yet been determined that a unit of certificated employees has not within the Marin Community College District, the charging party nor hashas not been certified as the exclusive representative, and the charging any agreement been reached between the District - l -
for 1977-78. EERB Representation Case File No. SF-R-140 con-
2 firms this. Notice is hereby taken of these facts.
On September 2, 1977, the Board issued its decision in San
Dieguito Faculty Association v. San Diegueto Union High School
District, EERB Decision No. 22. In this decision, at page 13,
the Board held that the right to represent employees under
Secion 3543.1(a) of the Government Code does not include a right
to consult prior to the selection of an exclusive representative
The
as to items within the list enumerated in Section 3543.2.
10 list enumerated in Section 3543.2 includes class size as an item
11 for negotiation. Accordingly, under EERB precedent the respons
12 dent Marin Community College District is under no obligation to
13 consult with the charging party as to this matter prior to their
14 selection as exclusive representative.
15
16
17
18
19
20
21
22
23
24
25
26
27
-2-COURT PAPER
STATE OF CALIFORNIA
STO. 113 (REV. 8.72)
l
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
COURT PAPER
STAT11: OP' CALIFORNIA
sro. 1 t3 <REV. s-72)
for Representation
con-1977-78.
EERB
Case
File
No.
SF-R-140
firms
this.
Notice
is
hereby
taken of these
facts.
On
September
2,
1977,
the
Board
issued
its
decision
in
San
Dieguito Faculty Association
v.
San
Dieguito
Union
High
School
District,
EERB
Decision
No.
22.
In
this
decision,
at
page
13,
the
Board
held
that
the
right
to
represent
employees
under
the
Government Code
does
not include
a
right
Secion
3543.l(a) of
to consult
prior
to the
selection
of
an
exclusive
representative
as to items
within
the
list
enumerated
in
Section
3543.2.
The
as
an
item
list
enumerated
in
Section
3543.2
includes
class
size
for
negotiation.
Accordingly,
under
EERB
precedent the respon-
Marin
Community
College
District is
under
no
obligation
to
dent
consult with the charging
party
as
to
this
matter
prior
to
their
selection
as
exclusive
representative.
dismissal,
party obtain
it
must
If
the charging
chooses
to
a
review
of the
days
after
file
an
appeal with the
Board
itself
within ten
(10)
calendar
service of this
Notice
of
Dismissal.
Such
appeal
must
be
in writing,
signec
upon whichby
the party or
its
agent,
and
contain the
facts
and
arguments
the appeal
is
based.
EERB
Regulation 35007(b).
The
appeal
must be accompanie
See Olson
v.
Manteca
Unified
Sebo
with
a
proof of service
on
the other party.
District,
EERB
Decision
No.
21, August
5,
1977 and
EERB
Regulation
35002(b) an
If the charging party chooses to obtain a review of the dismissal, it must
file an appeal with the Board itself within ten (10) calendar days after
service of this Notice of Dismissal. Such appeal must be in writing, signed
by the party or its agent, and contain the facts and arguments upon which
the appeal is based. EERB Regulation 35007 (b) . The appeal must be accompanie
with a proof of service on the other party. See Olson v. Manteca Unified Scho
District, EERB Decision No. 21, August 5, 1977 and EERB Regulation 35002 (b) a
35007 (b) .
35007(b).
WILLIAM P. SMITH
WILLIAJ.'.1
P.
SMITH
General Counsel
General Cour:sel
By By
MICHAEL J. TONS ING MIC HAE L:
J.
TOI{S
Ii'
/ .
Hearing Officer
Hearing Officer
Dated:_September 30. 1977 Dated: September 30, 1977
-2-
--:---------,--,---------
iG I
','Was bedeutet dieser Text für Ihre Situation?
Kostenlose und unverbindliche Beratung
Schildern Sie uns Ihre Situation. Unser Team meldet sich per E-Mail bei Ihnen für Ihre Beratung.
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.