PERB Decision No. 0478H•California State University (Watts) (PERB 0478H)
California State University (Watts) (PERB 0478H)
PERB Decision No. 0478HCalperb31 dic 1984
Testo completo
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD ) ) ) HOWARD O. WATTS, Charging Party, v. UNION OF AMERICAN PHYSICIANS & DENTISTS, Respondent. Case No. LA-PN-52-H PERB Decision No. 478-H December 31, 1984 ) ) ) ) ) ) ) ) Appearance: Howard o. Watts on his own behalf. Before Hesse, Chairperson; Morgenstern and Burt Members. DECISION BURT, Member: This case is before the Public Employment Relations Board (Board) on an appeal by Howard O. Watts (Complainant) of the Board agent's dismissal of his public notice complaint alleging that the Union of American Physicians and Dentists violated section 3595(a) of the Higher Education Employer-Employee Relations Act (Government Code section 3560 et seq.). The dismissal letter and the November 25, 1983 letter of deficiency are attached hereto. we have reviewed the Board agent's dismissal in light of the Complainant's appeal and the entire record in this matter and adopt that dismissal as the Decision of the Board itself for the reasons stated therein and in PERB Decision No. 458-H. The Board denies Watts' request for assistance made pursuant to California Administrative Code, title 8, section
32163 for the reasons set forth in Los Angeles Unified School District, California State University and United Professors of California (Watts) (8/16/84) PERB Decision No. 396-H. ORDER The public notice complaint in Case No. LA-PN-52-H is DISMISSED WITHOUT LEAVE TO AMEND. Chairperson Hesse and Member Morgenstern joined in this Decision.
STA";E OF CALIFORNIA GEORGE DEUKMEJIAN, Gow,rnor PUBLIC EMPLOYMENT RELATIONS BOARD Headquarters Office l 031 18th Street Sacramento, California 95814 (916) 322-3088 January 5, 1984 Howard Watts 1021 N. Mariposa Avenue, #3 1/2 Los Angeles, CA 90029 Luella Hanberry Union of American Physicians and Dentists 1730 Franklin Street, Suite 200 Oakland, CA 94612 RE: REFUSAL TO ISSUE COMPLAINT AND DISMISSAL OF PUBLIC NOTICE COMPLAINT H. WATTS v. UNION OF AMERICAN PHYSICIANS AND DENTISTS, COMPLAINT NO. LA-PN-52-H Dear Parties: Pursuant to Public Employment Relations Board (PERB) regulation section 32920(b), a complaint will not be issued in the above-referenced case and the pending complaint is dismissed because it fails to allege facts sufficient to state a prima facie violation of Government Code section 3595. The reasoning which underlies this dismissal follows. On November 25, 1983, I wrote Mr. Howard Watts a warning letter pointing out the deficiencies in the public notice complaint he filed against the Union of American Physicians and Dentists on March 24, 1983. That letter is hereby incorporated by reference as though set forth in full (letter attached). It summarizes the allegation of the complaint and cites authorities which demonstrate the deficiencies of the allegation as it is presently set forth in the complaint. Additional information is solicited as well. The letter set December 15, 1983, as the date on which Mr. Watts would have to amend or withdraw the complaint to avoid dismissal. Several phone conversations between Mr. Watts and myself resulted in the granting of a 20-day extension of time to file the first amended complaint establishing the new due date as January 4, 1984. Mr. Watts' first amended complaint was received on December 27, 1983. However, the amended complaint failed to allege any additional facts sufficient to state a prima facie violation of Government Code section 3595. The only new information
Howard Watts Luella Hanberry January 5, 1984 Page 2 provided in the amended complaint implies wrongful conduct by the CSUS Board of Trustees or its designated committee. This information, however, is irrelevant because CSUS is not a party to this complaint. Accordingly, the allegation is dismissed and no complaint will issue. Pursuant to PERB regulation section 32950 you may appeal the refusal to issue a complaint (dismissal) to the Board itself. Right to Appeal You may obtain a review of this dismissal of the complaint by filing an appeal to the Board itself within twenty (20) calendar days after service of this Notice (section 32925). To be timely filed, the original and five (5) copies of such appeal must be actually received by the Board itself before the close of business (5:00 p.m.) on January 25, 1984, or sent by telegraph or certified United States mail postmarked not later than January 25, 1984, (section 32135). The Board's address is: Public Employment Relations Board 1031 18th Street Sacramento, CA 9·5914 If you file a timely appeal of the refusal to issue a complaint, 'any other party may file with the Board an original and five (5) copies of a statement in opposition within twenty (20) calendar days following the date of service of the appeal (section 32635(b)). Service All documents authorized to be filed herein must also be "served" upon all parties to the proceeding, and a "proof of service" must accompany the document filed with the Board itself (see section 32140 for the required contents and a sample form). The document will be considered properly "served" when personally delivered or deposited in the first-class mail postage paid and properly addressed. Extension of Time A request for an extension of time in which to file a document with the Board itself must be in writing and filed with the Board at the previously noted address. A request for an
Howard Watts Luella Hanberry January·S, 1984 Page 3 extension must be filed at least three (3) calendar days before the expiration of the time required for filing the document. The request must indicate good cause for and, if known, the position of each other party regarding the extension, and shall be accompanied by proof of service of the request upon each party (section 32132). Final Date If no appeal is filed within the specified time limits, the dismissal will become final when the time limits have expired. Very truly yours, DENNIS M. SULLIVAN General Counsel By CARL BESSENT Staff Attorney
STAiE Of CAUFORNIA
Plf:''..~C EMPLOYMENT RELATIONS BOARD
.Son Froncisco Regional Office
177 Post Street, 9th Floor
Son Francisco, California 94108
(4-15) 557-1350
:tbverriber 25, 1983
Mr. Howard o. Watts
1021 N:>rth Mariposa Avenue, Apt. 3 1/2
los Angeles, CA 90029
Re: IA-PN-52-H
Dear Mr. Watts:
The puq:ose of this letter is to: 1) analyze your complaint
(IA-PN-52-H); 2) explain why, as presently written, the
complaint does not state a prirna facie case; and 3) to provide
you an opportunity to amend your charge.
;r.
Your above-referenced Public Notice Complaint alleges that the
Union of J'lm.erican Physicians and Dentists (UAPD), the exclusive
representative of the physicians unit at California State
University {CSU), violated Government Ccxle section 3595{a) by
failing to present its initial prop:>sals in person and
verbally. Your contention is that the availability of
50 copies of the proposal at the February 23, 1983, public
meeting of the committee on collective bargaining does not meet
the section 3595(a) req_t'.irements for a presentation.
~ investigation revealed that the initial response meeting for
the exclusive representatives and employer was held in
long Beach, California on February 23, 1983 for UAPD - Unit 1,
Physicians; California State Employees' Association for Unit 2,
Health Care Supp:>rt; Unit 5 Operations Supp:::>rt; Unit 7,
Clerical/Administrative Support; and Unit 9, Technical support
Services; and State Employees Trades Council for Unit 6,
Skilled Crafts.· Your Complaint shows that 50 copies of the
UAPD proposal were available to the public at the public
meeting held February 23, 1983.
IA-PN-52-H does not allege that the UAPD prop:>sal was not
sufficient for the public to know the issues being proposed.
(See Palo Alto Unified School District (12/2/81) PERB Decision
:tb. 184.}
II.
For the folla,11ing reasons, the complaint, as presently framed,
does not state a prima facie case..Heward O. Watts No?.a.mber 25, 1983 Pag-e 2 1. Section 3595(a) states that: (a) All initial proposals of exclusive representatives and of higher education employers, which relate to matters within the scope of representation, shall be presented at a public meeting of the higher education employer and thereafter shall be public records. The Webster's New Collegiate Dictionary definition of the verb "present" is "to bring before the public ••• to offer to view. 11 Nothing in the definition or the statute requires that the offering be made in person or verbally to constitute a "presentation" and logic dictates otherwise. The public notice provisions of HEERA were enacted to ensure tht the public has an opp:)rtunity to be informed about the substance of collective bargaining proposals submitted by HEERA employers and employee organizations. The documents submitted by UAPD were the best evidence of the prop:)sal UAPD wished to make. UAPD's failure to orally reiterate the contents of·its documents cannot reasonably be considered violative of the statute. For the aforementioned reasons, your complaint, as presently written; does not state a prim.a facie case. If you feel that there are any factual inaccuracies in tl1is letter or any additional facts which would correct the deficiencies explained above, please amend the public notice complaint accordingly. The amended complaint should be prepared on a standard PERB public notice complaint form clearly labeled First Amended Complaint, contain all the facts and allegatia.,s you wish to make, and be signed under penalty of perjury by the complainant. If I do not receive an amended complaint or withdrawal from you within 20 days of service of this letter, your complaint will be dismissed. If you have any questions on how to proceed, please call me at (916) 322-1320. Sincerely yours, Carl J. Bessent Graduate legal Assistant
1 printed pages contain little extracted OCR body text; searchable legal-body completeness has not been established for those pages.
OCR transcription for search; preserved printed pages are authoritative
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
HOWARD O. WATTS,
Charging Party, Case No. LA-PN-52-H
Ve PERB Decision No. 478-H
UNION OF AMERICAN PHYSICIANS & December 31, 1984
DENTISTS,
Respondent.
Appearance: Howard O. Watts on his own behalf.
Before Hesse, Chairperson; Morgenstern and Burt Members.
DECISION
BURT, Member: This case is before the Public Employment
Relations Board (Board) on an appeal by Howard O. Watts
(Complainant) of the Board agent's dismissal of his public
notice complaint alleging that the Union of American Physicians
and Dentists violated section 3595(a) of the Higher Education
Employer-Employee Relations Act (Government Code section 3560
et seq.). The dismissal letter and the November 25, 1983
letter of deficiency are attached hereto.
We have reviewed the Board agent's dismissal in light of
the Complainant's appeal and the entire record in this matter
and adopt that dismissal as the Decision of the Board itself
for the reasons stated therein and in PERB Decision No. 458-H.
The Board denies Watts' request for assistance made
pursuant to California Administrative Code, title 8, section
32163 for the reasons set forth in Los Angeles Unified School
District, California State University and United Professors of
California (Watts) (8/16/84) PERB Decision No. 396-H.
ORDER
The public notice complaint in Case No. LA-PN-52-H is
DISMISSED WITHOUT LEAVE TO AMEND.
Chairperson Hesse and Member Morgenstern joined in this
Decision.
STA";E OF CALIFORNIA GEORGE DEUKMEJIAN, Gow,rnor
PUBLIC EMPLOYMENT RELATIONS BOARD
Headquarters Office
l 031 18th Street
Sacramento, California 95814
(916) 322-3088
January 5, 1984
Howard Watts
1021 N. Mariposa Avenue, #3 1/2
Los Angeles, CA 90029
Luella Hanberry
Union of American Physicians and Dentists
1730 Franklin Street, Suite 200
Oakland, CA 94612
RE: REFUSAL TO ISSUE COMPLAINT AND DISMISSAL OF PUBLIC NOTICE
COMPLAINT H. WATTS v. UNION OF AMERICAN PHYSICIANS AND
DENTISTS, COMPLAINT NO. LA-PN-52-H
Dear Parties:
Pursuant to Public Employment Relations Board (PERB) regulation
section 32920(b), a complaint will not be issued in the
above-referenced case and the pending complaint is dismissed
because it fails to allege facts sufficient to state a prima
facie violation of Government Code section 3595. The reasoning
which underlies this dismissal follows.
On November 25, 1983, I wrote Mr. Howard Watts a warning letter
pointing out the deficiencies in the public notice complaint he
filed against the Union of American Physicians and Dentists on
March 24, 1983. That letter is hereby incorporated by
reference as though set forth in full (letter attached). It
summarizes the allegation of the complaint and cites
authorities which demonstrate the deficiencies of the
allegation as it is presently set forth in the complaint.
Additional information is solicited as well. The letter set
December 15, 1983, as the date on which Mr. Watts would have to
amend or withdraw the complaint to avoid dismissal. Several
phone conversations between Mr. Watts and myself resulted in
the granting of a 20-day extension of time to file the first
amended complaint establishing the new due date as January 4,
1984.
Mr. Watts' first amended complaint was received on December 27,
1983. However, the amended complaint failed to allege any
additional facts sufficient to state a prima facie violation of
Government Code section 3595. The only new information
Howard Watts
Luella Hanberry
January 5, 1984
Page 2
provided in the amended complaint implies wrongful conduct by
the CSUS Board of Trustees or its designated committee. This
information, however, is irrelevant because CSUS is not a party
to this complaint. Accordingly, the allegation is dismissed
and no complaint will issue.
Pursuant to PERB regulation section 32950 you may appeal the
refusal to issue a complaint (dismissal) to the Board itself.
Right to Appeal
You may obtain a review of this dismissal of the complaint by
filing an appeal to the Board itself within twenty (20) calendar
days after service of this Notice (section 32925). To be
timely filed, the original and five (5) copies of such appeal
must be actually received by the Board itself before the close
of business (5:00 p.m.) on January 25, 1984, or sent by
telegraph or certified United States mail postmarked not later
than January 25, 1984, (section 32135). The Board's address is:
Public Employment Relations Board
1031 18th Street
Sacramento, CA 9·5914
If you file a timely appeal of the refusal to issue a
complaint, 'any other party may file with the Board an original
and five (5) copies of a statement in opposition within twenty
(20) calendar days following the date of service of the appeal
(section 32635(b)).
Service
All documents authorized to be filed herein must also be
"served" upon all parties to the proceeding, and a "proof of
service" must accompany the document filed with the Board
itself (see section 32140 for the required contents and a
sample form). The document will be considered properly
"served" when personally delivered or deposited in the
first-class mail postage paid and properly addressed.
Extension of Time
A request for an extension of time in which to file a document
with the Board itself must be in writing and filed with the
Board at the previously noted address. A request for an
Howard Watts
Luella Hanberry
January·S, 1984
Page 3
extension must be filed at least three (3) calendar days before
the expiration of the time required for filing the document.
The request must indicate good cause for and, if known, the
position of each other party regarding the extension, and shall
be accompanied by proof of service of the request upon each
party (section 32132).
Final Date
If no appeal is filed within the specified time limits, the
dismissal will become final when the time limits have expired.
Very truly yours,
DENNIS M. SULLIVAN
General Counsel
By
CARL BESSENT
Staff Attorney
STAiE Of CAUFORNIA
Plf:''..~C EMPLOYMENT RELATIONS BOARD
.Son Froncisco Regional Office
177 Post Street, 9th Floor
Son Francisco, California 94108
(4-15) 557-1350
:tbverriber 25, 1983
Mr. Howard o. Watts
1021 N:>rth Mariposa Avenue, Apt. 3 1/2
los Angeles, CA 90029
Re: IA-PN-52-H
Dear Mr. Watts:
The puq:ose of this letter is to: 1) analyze your complaint
(IA-PN-52-H); 2) explain why, as presently written, the
complaint does not state a prirna facie case; and 3) to provide
you an opportunity to amend your charge.
;r.
Your above-referenced Public Notice Complaint alleges that the
Union of J'lm.erican Physicians and Dentists (UAPD), the exclusive
representative of the physicians unit at California State
University {CSU), violated Government Ccxle section 3595{a) by
failing to present its initial prop:>sals in person and
verbally. Your contention is that the availability of
50 copies of the proposal at the February 23, 1983, public
meeting of the committee on collective bargaining does not meet
the section 3595(a) req_t'.irements for a presentation.
~ investigation revealed that the initial response meeting for
the exclusive representatives and employer was held in
long Beach, California on February 23, 1983 for UAPD - Unit 1,
Physicians; California State Employees' Association for Unit 2,
Health Care Supp:>rt; Unit 5 Operations Supp:::>rt; Unit 7,
Clerical/Administrative Support; and Unit 9, Technical support
Services; and State Employees Trades Council for Unit 6,
Skilled Crafts.· Your Complaint shows that 50 copies of the
UAPD proposal were available to the public at the public
meeting held February 23, 1983.
IA-PN-52-H does not allege that the UAPD prop:>sal was not
sufficient for the public to know the issues being proposed.
(See Palo Alto Unified School District (12/2/81) PERB Decision
:tb. 184.}
II.
For the folla,11ing reasons, the complaint, as presently framed,
does not state a prima facie case.
.Heward O. Watts
No?.a.mber 25, 1983
Pag-e 2
1. Section 3595(a) states that:
(a) All initial proposals of exclusive
representatives and of higher education
employers, which relate to matters within
the scope of representation, shall be
presented at a public meeting of the higher
education employer and thereafter shall be
public records.
The Webster's New Collegiate Dictionary definition of the verb
"present" is "to bring before the public ••• to offer to
view. 11 Nothing in the definition or the statute requires that
the offering be made in person or verbally to constitute a
"presentation" and logic dictates otherwise. The public notice
provisions of HEERA were enacted to ensure tht the public has
an opp:)rtunity to be informed about the substance of collective
bargaining proposals submitted by HEERA employers and employee
organizations. The documents submitted by UAPD were the best
evidence of the prop:)sal UAPD wished to make. UAPD's failure
to orally reiterate the contents of·its documents cannot
reasonably be considered violative of the statute.
For the aforementioned reasons, your complaint, as presently
written; does not state a prim.a facie case. If you feel that
there are any factual inaccuracies in tl1is letter or any
additional facts which would correct the deficiencies explained
above, please amend the public notice complaint accordingly.
The amended complaint should be prepared on a standard PERB
public notice complaint form clearly labeled First Amended
Complaint, contain all the facts and allegatia.,s you wish to
make, and be signed under penalty of perjury by the complainant.
If I do not receive an amended complaint or withdrawal from you
within 20 days of service of this letter, your complaint will
be dismissed. If you have any questions on how to proceed,
please call me at (916) 322-1320.
Sincerely yours,
Carl J. Bessent
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