PERB Decision No. 0154E•Los Angeles Community College District (Watts) (PERB 0154E)
Los Angeles Community College District (Watts) (PERB 0154E)
PERB Decision No. 0154ECalperbDec 31, 1980
Full text
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD HOWARD WATTS, Complainant, v. LOS ANGELES COMMUNITY COLLEGE DISTRICT, Respondent, and SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 99, AFL-CIO, Respondent. Case No. LA-PN-21 PERB Decision No. 154 December 31, 1980 HOWARD WATTS , Complainant, Case No. LA-PN-21 V . LOS ANGELES COMMUNITY COLLEGE PERB Decision No. 154 DISTRICT, Respondent , and SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 99, AFL-CIO, December 31, 1980 Respondent. Appearances: Howard Watts, representing himself; Mary L. Dowell, Associate General Counsel, representing the District. Before Gluck, Chairperson; Moore, Member. DECISION Howard Watts excepts to the attached administrative determination issued by the Los Angeles Regional Director dismissing his public notice complaint without leave to amend. After considering the entire record in light of the exceptions, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ___________________ ) Appearances: Howard Watts, representing himself; Mary L. Dowell, Associate General Counsel, representing the District. Before Gluck, Chairperson; Moore, Member. DECISION Howard Watts excepts to the attached administrative determination issued by the Los Angeles Regional Director dismissing his public notice complaint without leave to amend. After considering the entire record in light of the exceptions,
the Board affirms the Regional Director's findings and conclusions and administrative determination. ORDER Upon the foregoing decision and the entire record in this case, the Public Employment Relations Board ORDERS that: The public notice complaint, LA-PN-21, filed by Howard Watts against the Los Angeles Community College District and the Service Employees International Union, Local 99, AFL-CIO, is hereby DISMISSED in its entirety without leave to amend . PER CURIAM 2 the Board affirms the Regional Director's findings and conclusions and administrative determination. ORDER Upon the foregoing decision and the entire record in this case, the Public Employment Relations Board ORDERS that: The public notice complaint, LA-PN-21, filed by Howard Watts against the Los Angeles Community College District and the Service Employees International Union, Local 99, AFL-CIO, is hereby DISMISSED in its entirety without leave to amend. PER CURIAM 2
EDMUND G. BROWN JR.. Commer TATE OF CALIFORNIA PUBLIC EMPLOYMENT RELATIONS BOARD .os Angeles Regional Office 3550 Wilshire Blyd., Suite 1708 Los Angeles, California 90010 (213) 736-3127 October 6, 1980 Mr. Howard O. Watts Re: LA-PN-21 LETTER OF DISMISSAL Dear Mr. Watts: This is a LETTER OF DISMISSAL issued pursuant to PERB Regulation 37030(e) regarding your public notice complaint received in this office on February 22, 1980. The complaint was filed against the Los Angeles Community College District (LACCD) and the Service Employees International Union, Local 99, AFL-CIO, (Local 99) and alleges violation of Government Code section 3547 (a), (b), (c), (d) and (e) (see attachment) . In support of your complaint you submitted several documents including: LACCD board agenda for January 23, 1980, board minutes for January 23 and February 13, 1980, a copy of LACCD's initial proposal procedure dated September 12, 1979, LACCD's initial proposal for the maintenance and operations unit and Local 99's initial proposal. An informal. conference was held on June 20, 1980 at which time no resolution was reached. Respondents indicated there were no violations of the public notice requirements. On July 9, 1980 respondent LACCD filed a letter and exhibits with the PERB containing information in support of its position. The letter requested that the complaint be dismissed without leave to amend. On July 14, 1980 your request to place this complaint in abeyance until September 15, 1980 was granted by the Los Angeles Regional Director. A further extension until October 5, 1980 was requested by you and granted. Allegation 1 On February 13, 1980 LACCD failed to provide the public full opportunity to speak on Local 99's initial proposal by implementing a rule which limited the public's right to express itself. The Board's rule is Article V "Communications to the Board" as amended on January 23, 1980. BOA~tl :JUBUC EM?LOYJ!n..~T tU!..ATtONS ~ Ang;?>le5 Regkmal Offi12 !.550 Wihhire Blvd., Suite 1708 :..O:S Ar.g~I~ California 90010 :213) 736-3127 October 6, 1980 Mr. Howard O. Watts Re: LA-PN-21 LETTER OF DISMISSAL Dear Mr. Watts: -~.--------========- PERB This OF to is a LETTER DISMISSAL issued pursuant Regulation 37030(e) notice complaint received in this office on February regarding your public 22, 1980. The complaint was filed against the Los Angeles Co1llI!lunity Employees International Union, College District (LACCD) and the Service Local 99, AFL-CIO, (Local 99) and alleges violation of Government Code section 3547 (a), (b), (c), (d) and (e) (see attachment). complaint several documents including: In support of your you submitted LACCD board agenda for January 23, 1980, board minutes for January 23 and of LACCD's initial proposal procedure datedFebruary 13, 1980, a copy 12, 1979, LACCD's initial proposal for the maintenance and September operations unit and Local 99 1 s initial proposal. ._.,hich conferenc.e 10~An •.ras hald on Ju'ie 1980 at time no:i.nformat violations of resolution was reach~d. R~spondents indicated there wer~ no 9, 1980 respondent LACCD filed a On July the public notice requirements. letter and exhibits with the PERB containing information in support of its requested that the complaint be dismissed without position. The letter leave to amend. this On 14, 1980 your request to place complaint in abeyance until July Angeles Regional Director. A Los September 15, 1980 was granted by the S, 1980 was requested by you and granted. further extension until October Allegation 1 On February 13, 1980 LACCD failed to provide the full opportunity to speak on Local 99 1 s public initial proposal by implementing a rule which public's right to express itself. The limited the Board's rule is Article V ncornmunications ncornmunications to the Board" as amended on January 23, 1980.
PERB Regulation 37020 (5) provides that a complaint shall contain a clear and concise statement of the facts which are alleged to constitute a violation of Government Code section 3547. Your complaint fails to allege any facts in support of the allegation, therefore, allegation 1 is dismissed with leave to amend. Allegation 2 Copies of Local 99's initial proposal were not available in the board room on January 23, 1980, the date for public presentation and February 13, 1980, the date for public response. The Government Code requires that all initial proposals be presented at a public meeting and thereafter, become public records. You have not alleged a violation of either of these provisions. In fact, it was your indication at the informal conference that you did receive a copy of the proposal prior to its presentation. You further stated that you have never been denied a copy of any proposal. The complaint fails to state and cannot be amended to state a prima facie violation of section 3547, therefore allegation 2 is dismissed without leave to amend Allegation 3 SETU, Local 99 addressed the Board of Trustees without appearing on a speakers' list. Section 3547 states that initial proposals shall be presented at a public meeting of the public school employer. Nothing in the statute or in the PERB Regulations defines how a school board meeting shall be regulated. The regulation of those meetings is left to the discretion of the local school board. Since the substance of allegation 3 does not fall within the purview of section 3547, allegation 3 is dismissed without leave to amend. Allegation 4 On January 23, 1980, LACCD denied Mr. Jules Kimmett, a member of Local 99's negotiating team and also a member of the public, the opportunity to speak on Local 99's initial proposal. Pursuant to PERB Regulation 37020 (5) your complaint fails to allege any facts in support of the allegation. Accordingly, allegation 4 is dismissed with leave to amend. PERB Regulation 37020 (5) provides that a complaint shall contain a clear and concise statement of the facts which are alleged to constitute a violation of Government Code section 3547. Your complaint fails to allege any facts in support of the allegation, therefore, allegation 1 is dismissed with leave to amend. Allegation 2 Copies of Local 99's initial proposal were not available in the board room on January 23, 1980, the date for public presentation and February 13,1980, the date for public response. The Government Code requires that all initial proposals be presented at a public meeting and thereafter, become public records. You have not alleged a violation of either of these provisions. In fact, it was your indication at the informal conference that you did receive a copy of the proposal prior to its presentation. You further stated that you have never been denied a copy of any proposal. The complaint fails to state and cannot be amended to state a prima facie violation of section 3547, therefore allegation 2 is dismissed without leave to amend. Allegation 3 SEIU, Local 99 addressed the Board of Trustees without appearing on a speakers' list. Section 3:.i47 states that initial proposals shall be presented at a public 1Lectint of tr.e public school employar. Nothing in ::he s;:atute ~r in the: PERB Regulations defines how a school board meeting shall be regulated. The regulation of those meetings is left to the discretion of the local school board. Since the substance of allegation 3.does not fall within the purview of section 3547, allegation 3 is dismissed without leave to a.mend. Allegation 4 On January 23, 1980, LACCD denied Mr. Jules Kimmett, a member of Local 99's negotiating team and also a member of the public, the opportunity to speak on Local 99's initial proposal. Pursuant to PERB Regulation 37020 (5) your complaint fails to allege any facts in support of the allegation. Accordingly, allegation 4 is dismissed with leave to amend.
If you choose to amend allegations I and 4, the amended complaint must be received at this office within 10 days after service of this decision. If, in the alternative, you choose to appeal the dismissal you may do so within 10 days following the date of service of this LETTER OF DISMISSAL. Such an appeal must be in writing and must be filed with the Board itself at the headquarters office in accordance with the provisions of Division I, Chapter 4, Article 2 of the PERB Regulations. If no amended complaint or appeal of the dismissal is filed within the specified time limits, this dismissal will become final. Very truly yours, Frances A. Kreiling Regional Director Patricia Hernandez CSenior Representative PH: bw cc: Mary L. Dowell Howard Friedman If you choose to amend allegations 1 and 4, the amended complaint must be received at this office within 10 days after service of this decision. If, in the alternative, you choose to appeal the dismissal you may do so within 10 days following the date of service of this LETTER OF DISMISSAL. Such an appeal must be in writing and must be filed with the Board itself at the headquarters office in accordance with the provisions of Division I, Chapter 4, Article 2 of the PERB Regulations. If no amended complaint or appeal of the dismissal is filed within the specified time limits, this dismissal will become final. Very truly yours, Frances A. Kreiling Regional Director Patricia Hernandez Senior Representative PH:bw cc: Mary L. Dowell Howard Friedman · r'\ 0
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