PERB Decision No. 0181EA•Los Angeles Unified School District (Watts) (PERB 0181EA)
Los Angeles Unified School District (Watts) (PERB 0181EA)
PERB Decision No. 0181EACalperb22 de fev. de 1982
Texto completo
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD HOWARD O. WAT'rS , Complainant, PETI'rIONER v. LOS ANGELES UNIFIED SCHOOL DISTRICT, Employer, and CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, Employee Organization. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ·-------) Case No. LA-PN-33 Request for Reconsideration PERB Decision No. 181 PERB Decision No. 181a February 22, 1982 A~arances: Howard o. Watts, representing himself. Before Gluck, Chairperson; Jaeger and Tovar, Members. DECISION Howard O. Watts requests that the Public Employment Relations Board (PERB or Board) reconsider its decision in Los Angeles Unified School District (11/19/81) PERB Decision No. 181. The Board therein affirmed the regional director's dismissal of his public notice complaint against the Los Angeles Unified School District (District) and the California School Employees Association (Association) without further leave to amend. The complaint alleged violations of
section 3547 of the Educational Employment Relations Act.l Petitioner's request is filed pursuant to subsection 32410(a) of PERB's rules and regulations.2 lThe Educational Employment Relations Act is codified at Government Code section 3540 et seq. Section 3547 reads, in pertinent part: (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 a public meeting of the public school employer and thereafter shall be public records. (b) Meeting and negotiating shall not take place on any proposal 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 a 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. 2PERB rules are codified at California Administrative Code, title 8, section 31000 et seq. Subsection 32410(a) provides: (a) Any party to a decision of the Board itself may, because of extraordinary circumstances, file a request to reconsider the decision with the Board itself within 10 days following the date of service of the decision. The request for reconsideration shall be filed with the Executive Assistant to the Board and shall state with specificity the grounds claimed and, where applicable, shall specify the page of the 2
Mr. Watts maintains that reconsideration should be granted because the Board did not thoroughly consider all of the exceptions which were properly filed in the appeal of the regional director's decision. Included among the exceptions was the allegation that Mr. Watts did not receive the requisite assistance in filing his complaint which he claims rules 37030 and 32625 guarantee him.3. Further, he contended that section 3547 was violated by: (l) the distribution of only 20 copies of an employee organization's initial proposal when the proposal was publicly presented to the school employer; (2) the failure to provide additional copies at subsequent meetings of the District; and (3) the three-minute limitation per speaker for discussion of the proposals. record relied on. Service and proof of service of the request pursuant to section 32140 are required. 3section 32625 provides: If the charging party is unable to retain counsel or demonstrates extenuating circumstances, as determined by the Board, a Board agent may be assigned to assist such party to draft the charge or gather evidence. Section 37030 reads, in pertinent part: (a) When a complaint is f ed, case shall be assigned by the Regional Directorto a Board agent for processing. (b) The powers and es such board agent shall to: 3
PERB Assistance In Los Angeles Comm_uni ty College D istr_ict (12/15/81) PERB Decision No. 186 and I.:_~_~_]i_!lgeles Communi!:_y_~~:I.:_!_~g__~_District (12/15/81) PERB Order No. Ad-119, the Board set forth the parameters of PERB assistance in public notice complaints. Section 32625, on which he relies, deals with unfair practice charges and has no relevance to public notice complaints. Section 37030 requires that Board agents provide technical assistance to public notice complainants, but not legal representation. Mr. Watts clearly received the requisite assistance. The May 28, 1981 notice of deficiency and particularization which accompanied the dismissal with leave to amend, clearly provided Mr. Watts with information explaining what is necessary to establish a prima facie case. ~!_~:f::i;__!_eution of 20 __ Copies Mr. Watts contends that the Board misconstrued his exception when it found that the District 1 s distribution of (1) Assist the complainant to state in proper form theinformation required by section 37020. (2) Answer procedural questionsregarding the ocessing t case; (3) Facilitate communication and the exchange of informabetween the complainant the r nt or r nts; 4
20 copies of the Association's proposal was adequate. He argues that this was not the basis of his charge. Rather, he maintains that the complaint centered around the Association's failure to distribute more than 20 copies. Regardless, the complaint is groundless. Again, Watts' Exhibit No. 54 demonstrates the fallacy of the complaint. The stipulation between the District and Watts clearly indicates that Mr. Watts acknowledged that 20 copies would be an adequate number given both the geographical size of the District and number of students. Failure to Distribute Proposals at Subsequent Meetings1 Three-Minute Rule The Board affirmed the regional director's dismissal of these allegations, finding that Mr. Watts had failed to state sufficient facts to constitute a prima facie complaint. In this request, Watts does not present any arguments which were not raised during the earlier determination of the Board. 4Exhibit No. 5 is a settlement agreement arising out of an earlier public notice complaint filed by Mr. Watts (Watts v. Los Angeles Unified School District, LA-PN-9 and LA-PN-10), which reads,1npert1nerit part: Each exclusive representative shall ovide a reasonable number copies, not to exceed 20, of its initial propos sat the time the exclusive representative presents its proposals to the District. These copies shall be made ava a e to the public at the Board meeting at whi s are esent 5
The Board notes that Mr. Watts has repeatedly filed complaints which are virtually identical in content to this despite the Board's patient and adverse rulings. See Lo§__Ar:!_~eles Unified School District (12/30/80) PERB Decision No. 152; Los Angeles Community College District (12/31/80) PERB Decision No. 153; "!:2~_Angeles Co~munity College District (12/31/80) PERB Decision No. 154; Los Angeles Community College District (12/15/82) PERB Decision No. 186; and Los Angeles Unified School District (12/15/81) PERB Decision No. 187. Further, we also notice that he has recently filed additional requests for reconsideration of our decision involving most of these same issues.5 Mr. Watts' repeated raising of such nonmeritorious complaints abuses Board processes and wastes State resources. Further, respondents must necessarily incur expenses in time, effort and money in continually defending against the same charges. Accordingly, the Board sees fit to order that Mr. Watts cease and desist from filing complaints which merely raise facts and questions of law which the Board has already fully considered. Further, if such complaints are filed in the future, the Board will consider the possibility of assessing Mr. Watts any litigation expenses incurred by a respondent while trying to defend against such actions. 5These requests subsequently have all been dismissed. 6
ORDER For the foregoing reasons, the request of Howard O. Watts for reconsideration of the Public Employment Relations Board's Decision No. 181 is DENIED. Further, the Board ORDERS Mr. Watts to: CEASE AND DESIST from abusing the Board's administrative processes by filing public notice complaints which are not supported by the type of evidence which the Board has made clear is necessary to file a valid complaint, or which merely raise facts and questions of law which the Board has previously resolved. PER CURIAM 7
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