Hartnell Community College District (PERB 1405E)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
HARTNELL 	COLLEGE 	FACULTY
ASSOCIATION,
Charging 	Party,
v.
HARTNELL 	COMMUNITY 	COLLEGE
DISTRICT,
Respondent.
) 	Case No. 	SF-CE-2116
PERB Decision No. 	1405
September 26, 	2000
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Appearance: 	California 	Teachers Association by Eugene 	Huguenin,
Jr., 	Attorney, 	for Hartnell 	College Faculty Association.
Before Dyer, 	Amador and Baker, 	Members.
DECISION
AMADOR, 	Member: 	This 	case comes before the Public
Employment 	Relations Board 	(PERB or Board) 	on appeal 	by the
Hartnell 	College 	Faculty Association 	(Association) 	to 	a Board
agent's 	dismissal 	and refusal 	to 	issue 	complaint. 	The 	Board
agent 	found that 	the Association had not 	stated a prima 	facie
violation of 	the 	Educational 	Employment 	Relations Act 	(EERA).1
The 	charge 	alleged 	that 	the 	Hartnell 	Community College 	District
violated 	EERA by 	illegally 	interfering 	with 	the 	right 	of
employees 	to be 	represented by the Association when 	it 	engaged 	in
improper 	surveillance 	of 	e-mail.
In the warning letter dated June 5, 	2 0 00,2 the Board agent
informed 	the Association 	that 	unless 	he 	received 	an 	amended
1EERA is codified at Government 	Code section 3 54 0 	et 	seq.
2A11 	dates 	refer to 2000.
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charge or withdrawal 	before 	June 	12, 	he would dismiss 	the 	charge,
In the dismissal 	letter dated June 	19, 	the 	Board agent 	stated
that 	he 	had not 	received an 	amended 	charge 	and dismissed 	the
charge 	based on 	the 	facts 	and 	reasons 	contained 	in 	the 	warning
letter.
In 	its 	appeal, 	the Association states 	that 	it 	submitted an
amended 	charge 	on or about 	March 23, 	which the 	Board agent
apparently failed 	to 	receive 	and process. 	A copy of 	such a
document 	bearing 	a 	PERB 	date 	stamp which 	supports 	this 	assertion
is 	attached to 	the Association's 	appeal. 	The Association
requests 	that 	the 	Board remand the 	case 	to 	the 	Board agent 	for
further 	processing.
The 	Board has 	reviewed the 	entire 	record 	in 	this 	case.
Based upon this 	review, 	the 	Board grants 	the Association's
request 	and 	remands 	the 	case 	to 	the 	Board agent 	for 	further
processing.
ORDER
The 	Public 	Employment 	Relations 	Board orders 	that 	the 	Board
agent's 	dismissal 	and refusal 	to 	issue 	complaint 	of 	the 	unfair
practice 	charge 	in Case No. 	SF-CE-2116 	is 	hereby REMANDED to the
PERB 	General 	Counsel's 	Office 	for 	further processing 	and
investigation as 	necessary 	in order 	to 	determine 	whether 	a
complaint 	should 	issue.
Members 	Dyer 	and Baker 	joined 	in 	this 	Decision.
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