State of California (Department of Corrections) (California Correctional Officers Association) (PERB I005S)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
CALIFORNIA 	CORRECTIONAL 	OFFICERS
ASSOCIATION,
Charging Party, 	PETITIONER,
v.
STATE OF 	CALIFORNIA AND DEPARTMENT OF
CORRECTIONS,
Respondents. 	)
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) 	Case No. 	S-CE-3-S
(78-79)
PERB Order 	No. 	IR-5
Administrative Appeal
September 	12, 	1978
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Appearances; 	Russell L. 	Richeda, Attorney 	(Carroll, 	Burdick 	&
McDonough) 	for 	California Correctional 	Officers 	Association;
Angela Pickett, 	Attorney 	(Governor's 	Office 	of 	Employee
Relations) 	for 	California Department of Corrections.
Before Gluck, 	Chairperson; 	Cossack Twohey and Gonzales, Members.
DECISION
The 	California 	Correctional 	Officers 	Association 	(hereafter
CCOA) 	by 	letter 	dated August 	18, 	1978, 	requests 	the Public
Employment 	Relations 	Board 	(hereafter 	PERB) 	to 	seek 	injunctive
relief 	against 	the 	California Department 	of Corrections 	to
prevent 	it 	from 	implementing 	its 	decision 	to 	withdraw 	use 	of
State 	office 	space, 	the 	telephone 	and 	inmate 	clerical
assistance 	for 	which 	CCOA paid 	the 	prevailing 	institutional
wage. 	An 	unfair 	practice 	charge 	alleging 	that 	the 	State
violated section 3519(a), 	(b), 	(d)1 of the State
1Government 	Code section 3519(a), 	(b), 	(d) 	states:
It 	shall be 	unlawful 	for 	the 	state 	to:
(a) 	Impose or 	threaten 	to 	impose 	reprisals

2
Employer-Employee 	Relations Act 	(hereafter 	SEERA) 	and
section 	3530 	of 	the 	Government 	Code 3 was 	filed 	by 	CCOA on
on employees, 	to discriminate or 	threaten 	to
discriminate 	against employees, 	or 	otherwise
to 	interfere with, 	restrain, 	or 	coerce
employees 	because 	of 	their 	exercise 	of
rights 	guaranteed 	by 	this 	chapter.
(b) 	Deny 	to employee 	organizations 	rights
guaranteed 	to 	them by 	this 	chapter.
(d) 	Dominate 	or 	interfere with 	the 	formation
or 	administration 	of 	any 	employee
organization, 	or 	contribute 	financial or
other 	support 	to 	it, 	or 	in 	any way encourage
employees 	to 	join any organization 	in
preference 	to 	another.
Hereafter 	all 	references 	are 	to 	the 	Government 	Code 	unless
otherwise 	indicated.
State 	Employer-Employee 	Relations 	Act 	is 	codified 	at
section 	3512 	et 	seq.
3section 	3530 	states:
The 	state 	by means 	of 	such 	boards,
commissions, 	administrative officers or
other 	representatives 	as may 	be 	properly
designated 	by 	law, 	shall 	meet 	and confer
with 	representatives 	of 	employee
organizations 	upon 	request, 	and 	shall
consider 	as 	fully 	as 	such 	representatives
deem 	reasonable 	such 	presentations 	as 	are
made 	by 	the 	employee 	organization 	on 	behalf
of 	its 	members 	prior 	to 	arriving 	at 	a
determination of policy 	or 	course of 	action.

August 	17, 	1978. 	Authority 	for 	the 	request 	for 	injunctive
relief 	is 	found 	in 	PERB policy 	adopted 	on 	July 	5, 	1978. 4
4Procedure 	for 	Filing 	Requests 	for 	Injunctive 	Relief,
stating:
(a) 	A party 	who 	wishes 	the 	Board 	to 	seek
injunctive 	relief 	pursuant 	to 	section
3541.3 (j) 	shall 	file 	an 	original 	and 	four
copies 	of 	such 	request 	for 	injunctive 	relief
with 	the 	Board 	itself 	at 	the 	headquarters
office. 	The 	request 	shall 	contain 	the
following:
(1) 	A 	copy 	of 	the 	underlying 	unfair
practice 	charge;
(2) 	The 	date 	the 	unfair 	practice 	charge 	was
filed;
(3) 	Affidavits 	and 	other 	appropriate
evidence 	setting 	forth 	the 	specific 	facts
upon 	which 	the 	request 	is 	based;
(4) 	A 	full 	description 	of 	the 	irreparable
injury 	which 	the 	requesting 	party 	alleges 	it
will 	suffer 	if 	the 	request 	is 	not granted;
(5) 	The 	basis 	for 	contending 	that 	the
Board's 	normal 	processes 	and 	remedies 	are
inadequate;
(6) 	The 	legal 	theory which 	supports 	the
requesting 	party's 	belief 	that 	it 	will
likely 	prevail 	on 	the 	merits 	of 	the
underlying 	unfair 	practice 	charge; 	and
(7) 	A statement 	of 	the 	relief 	sought.
(b) 	In 	order 	to be 	considered 	filed, 	a 	copy
of 	the 	request 	must 	have 	been 	actually
served 	upon 	the 	charged 	party 	or 	parties
prior 	to 	filing 	the 	request, 	and 	a 	statement
of 	such 	service 	shall 	accompany 	the
request. 	"Actual 	service" 	as 	used 	in 	this
section 	means 	actual 	receipt 	by 	the 	party 	or
its 	agent.
(c) 	The 	Executive 	Assistant 	to 	the 	Board
will 	notify 	the 	respondent 	of 	their 	right 	to

file 	with 	the 	Board 	itself 	such 	evidence,
including 	affidavits, 	as 	it may deem proper
to 	rebut 	the 	request 	and 	the 	final 	date 	for
said 	response 	to be 	actually 	received 	by 	the
Executive 	Assistant 	to 	the 	Board 	at 	the
Headquarters 	Office 	in 	Sacramento.
(d) 	The 	Board 	itself 	with 	the 	advice 	of 	its
General Counsel 	shall, 	immediately 	upon
expiration 	of 	the 	charged 	party's 	rebuttal
period, 	consider 	the 	request 	for 	injunctive
relief 	and 	shall 	determine 	whether 	or 	not 	to
issue 	a 	complaint 	and 	seek 	injunctive
relief. 	If 	the 	Board 	itself 	determines 	the
request 	should be 	denied, 	it will 	so 	notify
all parties 	in writing.
PERB's 	authority 	to 	seek 	injunctive 	relief 	is 	found 	in
section 3541.3(j) 	of EERA5 and 	section 	3513 (g) 	of SEERA6.
Educational 	Employment 	Relations Act 	is 	codified 	at
section 3540 	et seq. 	Section 3541.3 (j) 	states:
To bring 	an 	action 	in a court 	of competent
jurisdiction 	to enforce 	any of 	its 	orders 	or
decisions or 	rulings 	or 	to 	enforce 	the
refusal 	to obey a 	subpoena. 	Upon 	issuance
of 	a 	complaint 	charging 	that 	any person 	has
engaged 	in or 	is 	engaging 	in 	an 	unfair
practice, 	the 	board may petition 	the 	court
for 	appropriate 	temporary 	relief 	or
restraining 	order.
^Section 3513(g) 	states:
"Board" 	means 	the 	Public 	Employment
Relations 	Board. 	The 	Educational 	Employment
Relations 	Board 	established 	pursuant 	to
section 	3541 	shall 	be 	renamed 	the 	Public
Employment Relations 	Board 	as 	provided 	in
section 	3540. 	The powers 	and duties of 	the
Board 	described 	in 	section 	3541.3 	shall 	also
apply, 	as appropriate, 	to this chapter.
(Emphasis 	added.)

DISCUSSION
The 	request 	for 	injunctive 	relief 	is 	denied. 	Petitioner
has 	failed 	to 	satisfy 	the 	prerequisites 	established 	in 	the 	PERB
policy quoted 	above. 	Specifically, 	though 	it 	speculates 	on 	the
matter, 	CCOA has 	failed 	to 	demonstrate 	a 	likelihood 	of
irreparable 	harm 	if 	injunctive 	relief 	is 	not 	granted 	pending
resolution 	of 	the 	unfair 	practice 	charge. 	On 	the 	gravamen 	of
that 	charge, 	PERB 	takes 	no position 	by 	this 	action 	and 	none 	is
to 	be 	inferred.
ORDER
On 	the 	basis 	of 	the 	request 	for 	injunctive 	relief,
supporting 	affidavits 	and 	attached 	unfair 	practice 	charge
before 	it, 	the 	Public 	Employment 	Relations Board 	denies 	the
request 	by 	the 	California 	Correctional 	Officers 	Association 	for
injunctive 	relief 	against 	the 	State 	of 	California 	and 	the
Department 	of 	Corrections 	pending 	determination 	of 	said 	unfair
practice 	charge.
By: 	Harry 	Gluck,Chairperson 	Raymond 	J. 	Gonzales, 	Member
Jerilou 	Cossack 	Twohey, 	Member