PERB Decision No. 0485E•Los Angeles Community College District (Watts) (PERB 0485E)
Los Angeles Community College District (Watts) (PERB 0485E)
PERB Decision No. 0485ECalperbFeb 8, 1985
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-70 PERB Decision No. 485 February 8, 1985 Appearance: Howard o. Watts, on his own behalf. Before Hesse, Chairperson; Morgenstern and Burt, Members. DECISION MORGENSTERN, Member: This case is before the Public Employment Relations Board (Board) on appeal of a dismissal without leave to amend of a public notice complaint filed by Howard o. watts against the Los Angeles Community College District (District). Having fully considered the assertions contained in Watts' appeal, 1 we adopt the attached determination of the Board's Los Angeles regional director as the decision of the Board itself. Additionally, in accordance with Los Angeles Unified School District et al. (8/16/84) PERB Decision No. 396-H, we reject Watts' contention that he was denied assistance in filing this complaint. lin light of the Board's disposition of the instant case, it is unnecessary to entertain the District's petition for relief from late filing of its response to Watts' appeal.
N ORDER Upon the foregoing Decision and the entire record in this case, the Public Employment Relations Board ORDERS that the public notice complaint against the Los Angeles Community College District in Case No. LA-PN-70 is hereby DISMISSED WITHOUT LEAVE TO AMEND. Chairperson Hesse and Member Burt joined in this Decision. 2
STATE OF CALIFORNIA
PUBLIC EMPLOYMENT RELATIONS BOARD
LOS ANGELES REGIONAL OFFICE
3-470 WILSHIRE BLVD .• SUITE 1001
LOS ANGELES, CALIFORNIA ~10
(213) 736-3127
March 30, 1984
Howard o ... Watts
1021 N. Mariposa Avenue, Apt. 3 1/2
Los Angeles, CA. 90029
Re: 1-btice of Dismissal
J.A,.,...PN-70, Watts v. Los Angeles Ccmm.mity College District
Dear Mr. Watts:
Your ah:'Ve--captioned public notice romplaint was filed with our
otE{ce on Nove1iber 2&, 1983. T'ne canplaint alleges that (1)
the Los Angeles Ccmnunity College District (IACXD} failed to
adequately describe the bargaining proposal which was presented
on October 26, 1983 and therefore you were not able to fully
respond. It further alleges that (2) at the Nooember 2, 1983
IAOCD Boa.rd meeting you \>i'ere not provided sufficient tine in
which to address the District's proposal. And finally, the
o:mplaint alleges that (3) IACXD failed to oomply with its own
p::>licies r~arding the :posting of new subjects of bargaining.
Specifically with regard to f3, you allege that meeting and
negotiating cccurred between lAO::O and the Supervisory
Emplo~es Union, SEIU Local 99, and L.A. County Building and
Trades Council prior to the expiration of the twenty-four hour
lX)Sting period as required in Paragraph 2(a} of IAO::D's
September 3, 1980 public notice policy. You allege violations
of 3547 (a) (b) and {e) of the Act~
On January 11, 1984, a notice pursuant to PERB Regulation 32920
was issued to you outlining the def iciences of the first h«>
allegations of this oonplaint. The notice prOV'ided that any
amendment to the o:xnplaint was required to be filed with this
off ice by ,January 31, 1984. You chose not to file an_actual
amendrrent, but on January 26, 1984, you met with me to further
discu.ss the issues raised by the C<lllplaint. At that time you
provided me with Minutes of the October 26, 1983 and the
November 2, 1983 IACXl> Board of Trustees Meetings. This
additional material fails to oorrect the deficiencies in the
c::mplaint. For the reasons stated below and in the January 11,
1984 notice, the first t....-o allegations in the canplaint do not
state a prima facie violation of Goverrnnent COde section 3547.
GEORGE 1,Wl(.MEJIAN, GovernorMarch 30, 1984 Ha....-ard o. Watts IA-PN-70 Page 2 Allegation il As I indicated to you in my January 11, 1984 letter, the PERB has already determined in Palo Alto Unified School District (12/2/81) PERB No. 184~ that" ••• initial prep:>sals presented to the public must be sufficiently developed to permit the public to o:>IT4?rehend the.i'11." The PERB found that the res:r;:ondent had "sufficiently developed" for public canprehension a proposal on a cost of living adjustment by simply stating that its proposal was to be based on the consumer Price Index. The complainant alleged that the proposal was not specific enough. The PERB found that because the respondent's proposal referred to a document available to the public, i.e., the Consumer Price Index, that the proposal had met the criteria of developnent. Li'<ewisf~ in .rot~r case, IAO::O presented n proposal on pending layoffs of classified employees and referred the public to Education Code section 88017. You stated that you received a copy of the O:::tober 26, 1983 scheduled agenda and a copy of the District's proposal regarding the effects of layoffs on approximately Oc,-tober 25, 1983. You further stated that you addressed the subject of the District's prop:,sal in a five minute period at the October 26, 1983 Board of Trustees meeting and again at the November 2, 1983 meeting.. It appears that you had adequate time to ooth prepare a response and to present that resp;:>nse to IACXll's prop:>Sal. Indeed, it appears that you had an understanding of 'Nhat Education Code 88017 described and ·had even obtained a COP'f of the revelant section (which you provided as an exhibit to the instant canplaint). No evidence was presented to denor'lstrate that you had difficulty canprehending IACCD's pro.i;x,sal. MJ.~ation i2 Your second allegation as to the airount of response time at the November 2, 1983 Board mreting was also addressed in my January 11, 1984 letter. After discussing the case with you during this investigation and reviewing the minutes from that meeting, which you provided, it is clear that you were granted
March 30, 1984 Howard o. Watts IA-PN-70 Page 3 two five minute pericx:1s for resi;x:>nse. It a:i;:pears, hoi-iever, that you chose to spend part of your allotted resp:mse time for a discussion of unrelated procedural matters. In sum, you have alleged no facts which indicate inadequate time for rreaningful in~t on the proposal. (See Los Apgeles Can:nunity College District, 6/16/80 PERS Decision No. Ad-91.) On the contrary, the facts indicate tha.t you failed to utilize the full tine period allowed when offering your comnents regarding the layoff prop:>Sal. Allegation *3 Finally, as to your third allegation that IAOCD violated its a,m internal public notice p:>licy,l the PERB's responsibility is to det-2rminE:; w.1etr;.er or not violatiou. of a statute it 0\7ersees has oxurred. (See Los Angeles Unified School District (8/18/83} PERB Decision No. 335.) Government COde section 3547(d} requires that "[n]ew subjects of ~ting and negotiating arising after the presentation of initial proposals shall be made p.ililic with 24 hours." This investigation revealed tbe undisputed fact that IACXD properly "sunshined" the new subjects of rreeting and negotiating prrsuant to 3547(c) by posting the new subjects within 24 hours, as required. No violation can t.herefore be found here. lIAo:o has a provision in its 5epternber 3, 1980 oollective bargaining pro:::edure, Article 2, New Subjects of Y~ting and Negotiating which states: "[N]o meeting and negotiating will take place on the subject until the item has been p:,sted for a minimum of twenty-four hours." ~ ! This local policy is not based on a statutory requirement of the :IBAA. It is noted that the IACCD does have a canplaint pro:::edure in paragraph 6 of its September 3, 1980 collective bargaining procedure which might be utilized to renedy your allegation.
March 30, 1984 Howard O. Watts IA-PN-70 Page 4 For the reasons stated above, none of the three allegations states a pri.ma facie violation of EERA section 3547. Therefore, the complaint is hereby DISMISSED wrmoor LFAVE TO AMEND. An appeal of this decision pursuant to PERB Regulation 32925 may be made within 20 calendar days following the date of service of this decision by filing an original and 5 copies of a staternent of the facts upon which the appeal is based with the Board itself at 103118th Street, Suite 200, Sacra:rrento, California 95814. Copies of any appeal must be ooncurrently served upon all p:rrties and the Los Angeles Regional Office. Proof of service pursuant to Regulation 32140 is required. Sincerely, i"rances A. Kreiling Regional Director (k~ Fogk} Swlth Regional Representative RS:gml cc: Mary D::Mell
STATE OF CALIFORNIA PUBLIC EMPLOYMENT RELATIONS- BOARD tOS ANGELES REGIONAL OFFICE 3470 WILSHIRE BLVD .• SUITE 1001 LOS ANGELES. CALIFORNIA 90010 (213) 736-3127 ";. • March 1, 1984 Howard 0. Watts 1021 N.MariposaAvenue, Apt 3 1/2 Los Angeles, CA 90029 Re: Request for Assistance (Sec. 32163 PERS Regulations) LA~PN-70~ Los Angeles Community College District Dear Mr. Watts: GEORGE· DEUll'J-'.EJIAN, Govemor Upon review of your- request for assistanc~, I have found no cause to consider your request beyond the limits of what the PERB decided in your case LA-PN-35. (PERB Decision No~ 186) I will provide the technical assistance -needed for the prooer f:l ing and pror.essing ·of this c:iJrnplaint but I will not interrn~t the law for you nor will I establish tne prima·facie case for you. It is a thin line between technical and legal assistance and I hope to monitor it very precisely. I will continue to provide any technical help I. can in order _to perfect your complaints. I will not give you legal opinion as to how to draft or amend you complaints. · Your request for anything other than technical assistance is denied. Ap appeal of this decision pursuant to PERB Regulation 32360 may be made within 10 calendar days following the date of service of this decision by filing an original and 5 copies of a statement of the facts upon which the appeal is based with the Board itself at 1031 18th Street, Suite 200, Sacramento, California 95815. Copies.of any appeal must be concurrently served upon all parties and the Los Angeles Regional Office. Proof of service pursuant to Regulation 32140 is required. . Sincerely :l Frances A. kreiling Regional Director fYx-μR~r Smith Regional Representative RS:gml
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