PERB Decision No. 0330E•Los Angeles Community College District (Watts) (PERB 0330E)
Los Angeles Community College District (Watts) (PERB 0330E)
PERB Decision No. 0330ECalperbAug 15, 1983
Full text
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD HOWARD O. WATTS, Complainant, v. LOS ANGELES COMMUNITY COLLEGE DISTRICT, Respondent. ) ) ) Case No. LA-PN-37 PERB Decision No. 330 August 15, 1983 ) ) ) ) ) ) ) _____________________ ) Appearances: Howard o. Watts, representing himself; Mary L. Dowell, Associate General Counsel, for Los Angeles Community College District. Before Tovar, Jaeger and Burt, Members. DECISION AND ORDER JAEGER, Member: Howard O. Watts has appealed the regional director's dismissal in part without leave to amend of his public notice complaint, in which he alleged that the Los Angeles Community College District violated Government Code subsections 3547 (a), (b), (c), (d) and (e) of the Educational Employment Relations Act.l The Public Employment Relations Board affirms the dismissal of the subsection (a), (c), (d) and lsubsections 3547 (a), (b), (c), (d) and (e) of the California Government Code read: (a) All initial proposals of exclusive representatives and of public school employers, which relate to matters within the scope of representation, shall be presented at a public meeting of the public
(e} complaints for the reasons set forth in the attached regional director's decision. school employer and thereafter shall be public records. (b} Meeting and negotiating shall not take place on any proposal until a reasonable time has elapsed after the submission of the proposal to enable the public to become informed and the public has the opportunity to express itself regarding the proposal at a meeting of the public school employer. (c} After the public has had the opportunity to express itself, the public school employer shall, at a meeting which is open to the public, adopt its initial proposal. (d} New subjects of meeting and negotiating arising after the presentation of initial proposals shall be made public within 24 hours. If a vote is taken on such subject by the public school employer, the vote thereon by each member voting shall also be made public within 24 hours. (e} The board may adopt regulations for the purpose of implementing this section, which are consistent with the intent of the section: namely that the public be informed of the issues that are being negotiated upon and have full opportunity to express their views on the issues to the public school employer, and to know of the positions of their elected representatives. The hearing officer's dismissal of a complaint alleging the violation of subsection 3547(b} arising from the same factual situation is addressed in PERB Decision No. 331. Members Tovar and Burt joined in this Decision. 2
PUBLIC EMPLOYMENT R::LATl01'--> BO.ARD
Los Ang~!es P.egional Office
3470 Wilshira Blvd., Suite i G01
Los Ang:!f=s, California 90010
(213) 735-3i27 o: tober 15 , 19a!.
Mr. Howard O. Wat~s
1021 N. Ma.ri7>sa Ave., A?t. 3-1/2
Los A.11geles, CA 90029
~..r. Daniel Msans, Staff P..elations
LOS k,geles C):::::ill.l.l'tit:y College District
617 w. 7th Street
Los A.."'lgeles, cali:Eo~ia 90017
Re: LA-PN-37
Amended Dismissa.l in Part Without Leave to Amend
Th'E! above•!:'ef~renc:ed complaint was received in this office Olt June
.18, 1981. 0.1 ~-·..1gi.1st: lJ, I.981, a dismissal with lea7e to amend was issued. by
the P..eg ional Director ?ursuant to PERB regulation 37030 (c} • The amended
cOI?:?laint, received on August 20, 1981, stated that aile;~tio::is No. l and No.
6 of the ori~inal ccm?l.aint were resolved by the Ch~-:cel.l:n: 's action on June
1.7, 1981 (Co::. :No. 3), requiring posting of all initial proposals, new
subjects of bargaining 2nd proposed amendi-nents to collective bargaining
contracts.
I?ursua:.-it to P.::.?..!:i regulation 37030 (el, certain po::-tions of the public:
no·.;1ce cor.:;;>.i.air..t !.A-F!i-37 c:gaine:t the Lo3 hngeles C;:;zr.."lWii':y College
Dis~rict are hereby dis::tti.ssed as fol.laws:
(l} nose parts of allegations No. l and ?ro. 2 -.;hich are based on
the co1'.!plaL,ant • s alJ.eged lack of opportunity to add::-ass Dr. Hewitt ts
Legislative- R~port and Agenda Item VIII A at the Board of 'l'rust-oes'
meeting en &y 20, 1981 are dismissed.
{2) Allagaticns No. 4 and No. 5 are di~missad · i."l thdr entirety.
(3) )...J.l:gati=n No. 7 is dismissed in its entirety.
Discussion
(l} A2.legc?.'do'."ls {!.} and (2) - Violatio::i of Govern.~nt: Code sections
3547 { e.; (:::) ('?)
S-ec tic::s 3547 (a) (b.} (c) and (e) provide that:
(a) ~..ll ir.it:al proposals of exclusive repres~~=~t:ives and
of u·.10::!..:c s.-::~~ol employers, which relate to ~tt~cs withinCctober 15, 1931
~-.;ended Dis:iiss:l in Part Without Leave to A.-nend
!..A-P?l-37
Pa~e 2
the scope of re?resentation, shall be presentec zt a public meeting
of the public school employer and thereaf.t::r s~.:-11 b~ public records.
{b} !-"..eeting a:?d negotiating shall not take pla=~ oh any proposal.
until a reasona:>le time has elapsed after the s::.::>mission of the
pro?Osal to enable the public to become in:for:n=!-c and the publ.ic bas
the opportunity .to express itself regarding th~ proposal. at a meeting
of th~ public school. employer.
(c) k::ter the public has· had the opportuni~y t:o express itself, the
public school et:?loyer shall, at a meeting w~ic'.:! is open to the
public, adopt its initial proposal.
(e) T~e board may adopt regulatio.~s for th~ pu:-;>ose of implemen~ing
this s~tion, ....,.hich are consistent with the int<:::1t of the section;
namely that tr.e public be· informed of the issue:. that are being
n~otiated upo:i and have fully opportunity to e:..c?ress their views on
the issues to the public school employer, and to kno-..1 of the
positions of their elected representatives.
The a:c::ended co:nplaint alleges that the District's five minute
liraitation on t:ie leng~l-i of corranents on collective ba~ga:...,ing proposals fro::i
members of tr.e public (Ex..,.ibit No. 8} prevented the co:::plainant from speaking
to iJ.r. Hewitt's legislative report and to agenda Ite:a VIII A. The latter itera
co1.::::arned a shooting in::: idei::t at Valley College on April 2~, 1981. Since
neithei:: o:: the~e .ag~ntla it~ms co:::icerns =1.n :.:.~1it:.al p.:apos2!~. .:if an E:}.-c].usive:
representative or a public school employer concerni~g a ::atter within the
scope of representation under Government Code sec. 3543.• 1, this part of the
COin?laint fails to allege and cannot be amended to. alleg~ a prima facie
violation of sections 3547 (a) (bl {c) &(e). It is therefore dismissed without
1eave to a:;iend.
(2) Alle<J"?:tions {~) and (5) - Violation of Gove::-nzer:t Code section 3547 !.9L
Se:::tion 3547{c} provides that:
(d) Ne·..1 subjects of meeting and negotiatir.q ar.:s1.ng after
the presentatio~ of initial proposals shall be ~de public
within 24 hou!'s. If a vote is taken on sue?? su::-ject by the
public schex>l employer, the vote thereon by e2~i member
voting shall also be made public within 24 ho~rs.
The co=?laint alleges that the District violatec sec. 3547(d) by
failing to publish a vote on its proposed w~endments to t~e Maintenance and
Operations u~it, Unit 2, a3reement and to the Techni~al Clerical Unit, Unit 1,O::~ober 15, 1931 A..::~nded Dis::i:.ssal in Part Without Leave to ;...1tend LA.-P~-37 Pase 3 ag::er:ient. ?E?.3 Decision No. 158, Kinnett v. Los ~-,q-=!.a.s Co=iunity College District and California School Employees As sq:: iatic:i, C:-.=.::>t:er 507, hoJ.ds that prcposals mad.e during negotiations to amend existing p:::-c7isio:i.s of an ag::-ee:aent (i:x::luding reopeners} are "initial proposals .. ·-it...hin the meaning of sectio.i 3547 (a). Thus the proposed amendments were no~ .:e·~ st=bject:s of .ile~t:ing and :-.~otiating subject to the procedural requira:::?ents of sec. 35~7 (d}. Ins~ead, they were subject to the require~e:n:ts of sec. 35~7 (a} (b} & (i::). Since the essence of tl)e complaint i$ t::3t. no votes on the prc?<)sed am.enc..~nts were made public within twenty-four tours of thae May 20 oeeting, it fails to state and cannot be amended to state a prima facie violation of section 3547(d). Allegations (4) and (5} a~e therefore dismissed without .leave to amerid. (3) All:gation (7) - Violation of Government Code s2etio~s 3547 fal (o) and (e) All:gation (7) simply reiterates allegatio~ (1): that the five minute r!!le did not provide enough time for the co::??:.ainant to comment on the District's pro:;>osed amendment to the Maintenar-.ce and IJ;lerations Unit, Unit 2, asr~eer;::ent. In addition, the allegation in t::.s a!!:,mded complaint that there was no explanation of the issue beforehan~ so that the· complainar1t: was not given an opportunity to become i:::.forE~ would appea::: to be co:::~i:adictad by complainant's Exhibit No. 6. 'L"'!at do:::t.r.."'ltent indicates tb,1t the p.:op.::ised ar:temlment to U1e t:CJt?•:rac·:.: was fiz:s:: man~ knawn to the public on ?-f..ay 6, 1981.~ Allegation 7 is therefm:e dis::iisssd without leave to amend. The Regional Director has determined that the following portions of the complaint state a prima facie violation of Govern.-::.~nt COde section 3547: Allc-gati.ons (ll and (2): The contention that t::.e District's fiw~ minute rule interfered w.ith complainant's right to e:9ress his views on the District's initial proposal for the College Safe::-_T and Police Service Unit, and on its Proposed A.~endments to the Mainte~a:x:e and Operations Unit, Unit 2, Agree~ent and to the Technical Cle=ical Uni~, Unit No. 1, Agreement, since all of these items were on the May 2J, 1981 agenda meeting a::-:d he was allowed only five minutes to'::al s~a.king time. kccrdingly, this portion only of the complaint will be :;?:-o::essed further.
October 15, :98.'i.
Amended Dis2:ssal in Part Without Leave to Amend
LA-PN-37
Page 4
Purs~a~t to PERB regulation 37050, Respondent is required to file an
answer to on:y t~at portion of allegation {l} and (2) of t:he complaint
indicated ab-:,·1'l. The answer must be received by this of::ice not later than
O:::tober 30, :981- I a.'!1 ere losing for Respondent copies of the initial
complaint filed on June 18, 1981, and of the amended com?laint fil.ed on August
20, 1981.
Com.;>lainant may appeal. this dismissal in part without leave to amend
to the Board it:self at the headquarters office in accorda::c:e with the
provisions o:: Division l, Chapter 4, Article 2 o.f the ?K?..3 Regulations. Any
appeal must be fil.ed within 10 days foll0".-1ing the date of service of this
1.etter of dismissal- Please contact this office if you r..=1ve any questions.
Very truly yoursr
Frances A. Kre il.ir.g
Regional Director
~tu~~
Marjorie Weinzweig
Graduate Legal Assistant
MW:ebWondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.