Los Angeles Community College District (Watts) (PERB 0150EB)

STATE
	OF
	CALIFORNIA
DECISION
	OF 	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
HOWARD
	O.
	WATTS
,
Complainant,
	APPELLANT
v.
LOS 	ANGELES
	COMMUNITY
	COLLEGE
DISTRICT,
Respondent,
and
AMERICAN
	FEDERATION
	OF
	TEACHERS
COLLEGE
	GUILD,
	LOCAL
	1521,
	AFL-CIO,
____________________
Respondent.
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Case
	No. 	LA-PN-25
PERB
	Decision
	No.
	150b
November
	30,
	1981
Appearances:	
Howard
	O.
	Watts,
	representing 	himself;
Mary
	L. 	Dowell,
	Associate 	General Counsel,
	representing
	the
District.
Before 	Tovar,
	Jaeger
	and 	Moore, 	Members.
DECISION
Howard
	Watts 	appeals 	the
	attached 	order 	issued	
by	
the
hearing
	officer
	dismissing 	his 	public 	notice
	complaint 	without
leave 	to
	amend. 	Upon
	consideration 	of 	the
	entire
	record
	in
light
	of 	the 	exceptions, 	the
	Board
	finds
	no
	reversible 	error
	in
the 	attached 	hearing
	officer
I s
	findings
	of 	fact
	or
	conclusions
of	
law,
	and	
on	
that 	basis 	affirms 	her
	decision.
DECISION
ORDER	ORDER
Upon 	the 	foregoing 	decision
	and
	the	
entire	
record 	in
	this
case, 	the 	Public
	Employment
	Relations
	Board
	ORDERS
	that:
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
HOWARD O. WATTS ,
Complainant, APPELLANT 	Case No. LA-PN-25
v .
PERB Decision No. 150b
LOS ANGELES COMMUNITY COLLEGE
DISTRICT,
November 30, 1981
Respondent,
and
AMERICAN FEDERATION OF TEACHERS
COLLEGE GUILD, LOCAL 1521, AFL-CIO,
Respondent.
Appearances: Howard O. Watts, representing himself;
Mary L. Dowell, Associate General Counsel, representing the
District.
Before Tovar, Jaeger and Moore, Members.
Howard Watts appeals the attached order issued by the
hearing officer dismissing his public notice complaint without
leave to amend. Upon consideration of the entire record in
light of the exceptions, the Board finds no reversible error in
the attached hearing officer's findings of fact or conclusions
of law, and on that basis affirms her decision.
Upon the foregoing decision and the entire record in this
case, the Public Employment Relations Board ORDERS that:

The
	public
	notice
	complaint,
	LA-PN-25,
	filed	
by
Howard
	Watts
	against
	the
	Los
	Angeles
	Community
	College
	District
and
	the
	American
	Federation 	of
	Teachers 	College 	Guild,
Local 	1521,
	AFL-CIO,
	is
	hereby
	DISMISSED
	in
	its
	entirety
without 	leave
	to
	amend.
PER CURIAM	PER
	CURIAM
2
The public notice complaint, LA-PN-25, filed by
Howard Watts against the Los Angeles Community College District
and the American Federation of Teachers College Guild,
Local 1521, AFL-CIO, is hereby DISMISSED in its entirety
without leave to amend.
N

PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
OF 	THE
	STATE
	OF
	CALIFORNIA
HOWARD
	O.
	WATTS,
Complainant,
v.
LOS
	ANGELES
	COMMUNITY
	COLLEGE
DISTRICT,
Respondent,
and
AMERICAN
	FEDERATION
	OF
	TEACHERS
COLLEGE
	GUILD,
	LOCAL
	1521,
	AFL-CIO,
___________________
Respondent.
Case
	No. 	LA-PN-25,
	Subject
	of
PERB
	Decision
	Nos.
	150,
	150a
ORDER
	Dismissing
	Public
	Notice
Complaint
	without
	further
leave
	to
	amend.
(6/17/81)
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Appearances:	
Howard 	o.
	Watts,
	representing 	himself;
	Mary
	L.
	Dowell,
Associate
	General 	Counsel,
	representing
	the
	Los
	Angeles
	Community
College
	District;
	Dr.
	Virginia
	G.
	Mulrooney,
	Executive
	Director,
	for
AFT
	College 	Guild, 	Local 	1521,
	AFL-CIO.
Before
	Irene
	Cordoba, 	Hearing
	Officer.
PROCEDURAL HISTORY	
PROCEDURAL
	HISTORY
On
	April 	10,
	1980 	Howard 	O.
	Watts
	(hereafter
	Complainant)
filed
	a
	public 	notice 	complaint
	in 	the
	Los
	Angeles 	Regional
Office 	of 	the 	Public
	Employment
	Relat
	Board,
	alleging 	that
the
	Los
	Angeles
	Community
	College
	District 	(hereafter 	District)
and
	the
	American
	Federation 	of 	Teachers 	College 	Guild,
PUBLIC EMPLOYMENT RELATIONS BOARD
OF THE STATE OF CALIFORNIA
HOWARD O. WATTS,
Complainant, 	Case No. LA-PN-25, Subject of
PERB Decision Nos. 150, 150a
v .
LOS ANGELES COMMUNITY COLLEGE 	ORDER Dismissing Public Notice
DISTRICT, 	Complaint without further
leave to amend.
Respondent,
(6/17/81)
and
AMERICAN FEDERATION OF TEACHERS
COLLEGE GUILD, LOCAL 1521, AFL-CIO,
Respondent.
Appearances: Howard O. Watts, representing himself; Mary L. Dowell,
Associate General Counsel, representing the Los Angeles Community
College District; Dr. Virginia G. Mulrooney, Executive Director, for
AFT College Guild, Local 1521, AFL-CIO.
Before Irene Cordoba, Hearing Officer.
On April 10, 1980 Howard O. Watts (hereafter Complainant)
filed a public notice complaint in the Los Angeles Regional
Office of the Public Employment Relations Board, alleging that
the Los Angeles Community College District (hereafter District)
and the American Federation of Teachers College Guild,

Local
	1521,
	AFL-CIO
	had
	violated 	section
	3547(a},
	(b),
	(c),
	(d}
and 	(e)
	of
	the 	Educational
	Employment
	Relations
	Act.	
1
On
	October
	6,
	1980
	the 	complaint
	was
	dismissed
	by
	the
	Los
Angeles
	Regional
	Director.
	The
	dismissal
	was
	appealed
	to
	the
Board
	itself,
	and
	on
	December
	31, 	1980,
	the
	Board
	issued
	PERB
Decision
	No.
	150.
	In
	its
	Decision 	the
	Board
	remanded
	the 	case
to 	the
	Los
	Angeles
	Regional
	Office 	for
	a 	new
	hearing, 	unless
the
	parties 	stipulated
	to
	a
	reconstructed
	record 	submitted
	by
the
	Regional
	Director.
	Complainant
	refused 	to 	consider
1
lGovernment
	Code
	section
	3540
	et
	seq.
	All 	futurereferences 	are 	to 	the
	Government 	Code
	unless 	otherwise
indicated.Section
	3547
	provides:
(a)
	All
	initial
	proposals 	of 	exclusive
	representatives
	and
of 	public
	school 	employers,
	which
	relate
	to 	matters 	withinthe
	scope
	of
	representation,
	shall
	be
	presented
	at
	the
public
	meeting
	of 	the
	public
	school
	employer
	and
	thereafter
shall
	be
	public 	records.
(b)
	Meeting
	and
	negotiating
	shall
	not 	take 	place
	on
	any
proposals
	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
	the 	meeting
	of 	the
	public
school 	employer.
(c)
	After 	the 	public
	has
	had
	the 	opportunity 	to 	express
itself,
	the 	public 	school
	employer
	shall, 	at
	a
	meetingwhich
	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
	publicwithin
	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
	ofimplementing
	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 	fu
opportunity 	to 	express 	their
	views 	on 	the 	issues 	to 	the
public 	school 	employer, 	and 	to 	know 	of 	the 	positions 	of
their 	elected 	representatives.
-2-
Local 1521, AFL-CIO had violated section 3547 (a) , (b) , (c) , (d)
and (e) of the Educational Employment Relations Act. I
On October 6, 1980 the complaint was dismissed by the Los
Angeles Regional Director. The dismissal was appealed to the
Board itself, and on December 31, 1980, the Board issued PERB
Decision No. 150. In its Decision the Board remanded the case
to the Los Angeles Regional Office for a new hearing, unless
the parties stipulated to a reconstructed record submitted by
the Regional Director. Complainant refused to consider
Government Code section 3540 et seq. All future
references are to the Government Code unless otherwise
indicated.
Section 3547 provides:
(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 the
public meeting of the public school employer and thereafter
shall be public records.
(b) Meeting and negotiating shall not take place on any
proposals 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 the 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.
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stipulating
	to
	a
	reconstructed 	record,
	and
	on
	February 	11,
	1981
a
	Notice
	of
	Hearing
	was
	issued.
	The
	hearing
	was
	scheduled
	to
commence 	on March
	31,
	1981.
	On
	or 	about
	March
	13,
	1981
	the
District
	filed
	an
	application
	for 	order 	vacating
	PERB
	Decision
No.
	150.
	The
	record
	was
	opened
	on March
	31, 	1981.
	However,
the 	hearing
	was
	continued
	pending
	the
	decision 	of 	the
	Board
regarding 	the
	request 	to 	vacate.
	On
	April
	29,
	1981
	the
	Board
issued
	PERB
	Decision
	No.
	150a 	denying
	the
	request
	to 	vacate.
In 	Decision
	150a
	the
	Board
	noted
	that
	three
	of 	the
allegations
	in
	the
	instant
	case
	had 	been 	found
	not
	to
constitute 	violations
	by
	the
	Board
	in
	Watts
	v.
	Los
	Angeles
Community
	College
	District
	(12/31/80)
	PERB
	Decision
	153.
However,
	the
	Board 	found
	that
	complainant
	was
	entitled
	to
	amend
his
	allegation,
	concerning 	the
	District's
	rule
	allotting
	five
minutes
	to 	speakers
	at
	school
	board
	meetings,
	to
	state
	a
	prima
facie 	case.
Pursuant 	to
	PERB
	Decision 	150a,
	by
	letter
	of
	May
	13,
	1981
the 	Hearing
	Officer
	gave 	Complainant
	10
	days
	to
	amend
	that
portion 	of 	his
	complaint 	dealing 	with 	the
	District's
five-minute 	rule 	to
	state
	a
	prima
	facie 	case.
	On May
	21, 	1981
the 	Heari
	Officer 	received
	a
	letter
	from
	Complainant
requesting
	an
	extension 	of
	time
	to
	May
	29, 	1981
	in
	which
	to
fi 	his
	amendment. 	By
	tter
	May
	22, 	81
	the 	Hearing
ficer 	granted 	the 	request, 	extended 	time
	filing
to
	May
	29, 	1981. 	Complainant 	did 	not
	file
	an 	amendment.
-3-
stipulating to a reconstructed record, and on February 11, 1981
a Notice of Hearing was issued. The hearing was scheduled to
commence on March 31, 1981. On or about March 13, 1981 the
District filed an application for order vacating PERB Decision
No. 150. 	The record was opened on March 31, 1981. However,
the hearing was continued pending the decision of the Board
regarding the request to vacate. On April 29, 1981 the Board
issued PERB Decision No. 150a denying the request to vacate.
In Decision 150a the Board noted that three of the
allegations in the instant case had been found not to
constitute violations by the Board in Watts v. Los Angeles
Community College District (12/31/80) PERB Decision 153.
However, the Board found that complainant was entitled to amend
his allegation, concerning the District's rule allotting five
minutes to speakers at school board meetings, to state a prima
facie case.
Pursuant to PERB Decision 150a, by letter of May 13, 1981
the Hearing Officer gave Complainant 10 days to amend that
portion of his complaint dealing with the District's
five-minute rule to state a prima facie case. On May 21, 1981
the Hearing Officer received a letter from Complainant
requesting an extension of time to May 29, 1981 in which to
file his amendment. By letter of May 22, 1981 the Hearing
Officer granted the request, and extended the time for filing
to May 29, 1981. Complainant did not file an amendment.
-3-

ORDER	ORDER
Since 	Complainant 	has 	failed 	to 	amend 	his 	Complaint 	to
state 	a 	prima 	facie 	case, 	the 	public 	notice 	complaint 	in 	case
LA-PN-25 	and 	subject 	of 	Board 	decisions 	150 	and 	150a 	is 	hereby
dismissed 	without 	further 	leave 	to 	amend.
Pursuant 	to 	California Administrative 	Code, 	title 	8, 	part
III, 	section 	32305, 	this 	Order 	shall 	become 	final 	on July 	7, 	1981
unless 	a 	party 	files 	a 	timely 	statement 	of 	exceptions 	and
supporting 	brief 	within 	twenty 	(20) 	calendar 	days 	following 	the
date 	of 	service 	of 	this 	decision. 	Such 	statement 	of 	exceptions
and 	supporting 	brief 	must 	be 	actually 	received 	by 	the 	Executive
Assistant 	to 	the 	Board 	at 	the 	headquarters 	office 	in 	Sacramento*
before 	the 	close 	of 	business 	(5:00 	p.m.) 	on July 	7, 	1981 	in
order 	to 	be 	timely 	filed. 	See 	California 	Administrative 	Code,
title 	8, 	part 	III, 	section 	32135. 	Any 	statement 	of 	exceptions
and 	supporting 	brief 	must 	be 	served 	concurrently 	with 	its
filing 	upon 	each 	party 	to 	this 	proceeding. 	Proof 	of 	service
shall 	be 	filed 	with 	the 	Board 	itself. 	See 	California
Administrative 	Code, 	title 	9, 	section 	32305, 	as 	amended.
Dated: 	June 	17, 	1981
Irene 	H. 	Cordoba
Hearing 	Officer
*PERB's 	new headquarters 	address 	is: 	1031 	18th 	St.
Sacramento, 	CA 	95814.
-4-
Since Complainant has failed to amend his Complaint to
state a prima facie case, the public notice complaint in case
LA-PN-25 and subject of Board decisions 150 and 150a is hereby
dismissed without further leave to amend.
Pursuant to California Administrative Code, title 8, part
III, section 32305, this Order shall become final on July 7, 1981
unless a party files a timely statement of exceptions and
supporting brief within twenty (20) calendar days following the
date of service of this decision. Such statement of exceptions
and supporting brief must be actually received by the Executive
Assistant to the Board at the headquarters office in Sacramento *
before the close of business (5:00 p.m. ) on July 7, 1981 	in
order to be timely filed. See California Administrative Code,
title 8, part III, section 32135. Any statement of exceptions
and supporting brief must be served concurrently with its
filing upon each party to this proceeding. Proof of service
shall be filed with the Board itself. See California
Administrative Code, title 9, section 32305, as amended.
Dated: June 17, 1981
Irene H. Cordoba
Hearing Officer
*PERB's new headquarters address is: 	1031 18th St.
Sacramento, CA 95814.
-4-