PERB Decision No. 0458H•California State University (Watts) (PERB 0458H)
California State University (Watts) (PERB 0458H)
PERB Decision No. 0458HCalperb12 de dez. de 1984
Texto completo
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD HOWARD O. WATTS, Complainant, v. CALIFORNIA STATE UNIVERSITY, Respondent. ) ) ) ) ) ) ) ) ) _____________________ ) Case No. LA-PN-74-H PERB Decision No. 458-H December 12, 1984 Appearance: Howard o. Watts, on his own behalf. Before Hesse, Chairperson; Jaeger and Morgenstern, Members.* DECISION This case is before the Public Employment Relations Board (Board) on an appeal by Howard O. Watts of the Board agent's dismissal, attached hereto, of his public notice complaint alleging that the California State University violated section 3595(a) and (b) of the Higher Education Employer-Employee Relations Act (Government Code section 3560 et seq.). 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. The Board agent's denial of Watts' request for assistance made pursuant to California Administrative Code, title 8, section 32163 is affirmed for the reasons set forth in Los Angeles *Members Tovar and Burt did not participate in this Decision.
Unified School District and California State University (8/16/84) PERB Decision No. 396-H. ORDER The public notice complaint in Case No. LA-PN-74-H is DISMISSED WITHOUT LEAVE TO AMEND. By the BOARD 2
" .S1/ rE OF CMIFORNI,\ GEORGE DfUK!~.UlAN, Go.-::mor
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PUBLIC EMPLOYMENT RELATIONS BOARD
lOS ANGELES REGIONAL OFFICE
3470 VilLSHIRE Bl V~J., SUITE 1001
LOS MiGElES, CALIFORNIA 90010
(213) 736-3127
August 10, 1984
Mr. Howard O. Watts
1021 N. Mariposa Ave.,
-------r;-osA.ngele s, cK-90-0-29- Apt. 3 1/2
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Re: NOTICE OF DISMISSAL - LA-PN-74-H
Watts v. California State University
Dear Mr. Watts:
Your above referenced public notice complaint was filed with our
office on March 26, 1984. The complaint alleges the following
violations of HEERA section 3595(a) and (b):
1. The Board of Trustees of the California State University (CSU),
did not hold a meeting on February 22, 1984 for the presentation of
union's proposals. {The Committee on Collective Bargaining
conducted this meeting.)
2. The Board of Trustees of CSU did not hold a meeting on March 1,
1984 for public response to the unions' proposals. (The Committee
on Collective Bargaining conducted this meeting.)
3. The Board of Trustees of CSU did not hold a meeting on March 15,
1984 for the presentation of its own proposals. {The Committee on
Collective Ba~gnin~rg conduct~d thfs meeting.)
4. The Board of Trustees of CSU had failed to implement the
statutory intent of HEERA by delegating to the Committee on
Collective Bargaining the presentation of collective bargaining
proposals rather than assuming the responsibility itself.
5. Uhions are permitted to submit written proposals to the
Committee on Collective Bargaining without any oral presentation or
explanation to the public.
6. The Board of Trustees of CSU denied your request that the
exclusive representative of Unit 8 employees present its proposals
before the full Board at a public meeting.
7. The Regional Director of the local PERB office was interfering
with your right to assistance by limiting your visits to the
regional office.
8. The Board of Trustees of CSU had not held a public meeting to
delegate authority to the Committee on Collective Bargaining.August 10, 1984 Ll';.··PN·-7 4-H Page 2 9. The Board of Trustees of CSU has been in violation of Government Code Section 11122 by granting authority to the Committee on Collective Bargaining rather than making decisions as a state body. 10. The Board of Trustees of CSU violated the law by not conducting the public notice meetings and negotiations itself, as the Board is "the employer" not the Committee on Collective Bargaining nor staff from the Employee-Relations Department. After reviewing your allegations and discussing them with you, my analysis is as follows. In this complaint you attack the Board of '11 rustees of CSUS as the employer for not conducting the meeting and conferring with employee organizations. That is the basis for your allegations 1, 2, 3, 4, 6, 8, 9 and 10. Section 3562(h) of HEERA defines the term employer as follows: .. Employer" or "higher education employer" means the regents in the case of University of California, the Directors in the case of Hastings College of the Law, and the trustees in the case of the California State University, includiE3.2.ny person acting as an agent of an employe~. (emphasis ~dded) Section 3652 (n) of HEERA defines a person as: "Person" means one or more individuals, organizations, asaociations, corporations, boards, committees, commissions, agencies, or their representatives. (emphasis added) Section 89035 of the Education Code provides: Wherever in this code a power is vested in the Trustees, the Trustees by majority vote may adopt a rule delegating such power to any officer employee or committee as the Trustees may delegate. (emphasis added) In conjunction with the adoption of HEERA, the CSU Trustee~ established a Committee on Collective Bargaining. •rhe statutory authority outlined above clearly permits CSU to delegate to its Committee on Collective Bargaining or to any "person," authority to
August 10, 1984
LA-PN-74-H
Page 3
act in the realm of meeting and conferring including "sunshining" of
collective bargaining proposals. You have presented no facts that
would support the complaint. Your legal argument does not stand
firm in the face of the clear and concise definitions of HEERA and
the Education Code. Based on the foregoing, your allegations 1, 2,
3, 4, 6, 8, 9 & 10 are hereby dismissed.
As to allegation 15, nothing in the relevant section of the statute
requires an employer or employee organization to present bargainin9
proposal in person in order to constitute a presentation, HEERA
Section 3595(a} provides:
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.
CSU procedure for public notice of initial bargaining proposals is
included in Title 5, Article 16.1, Section 43725(b). It states:
At the first meeting called for a particular
representation unit, the exclusive representative
shall present its proposal in writing and shall
have ten {10} copies of such proposal for members
of the Board of Trustees or its designated
eomrnit.tee present, twenty (2J) additiondl copies
for distribution to the main library at each
campus and in the Office of the Chancellor, and a
sufficient quantity, but not fewer than twenty
{20), for interested members of the public in
attendance at the public meeting. At the time of
such presentation, a representative of the
exclusive representative may address the Board of
Trustees of its designated committee for the
purpose of clarifying or amplifying upon any
portion of its proposal. Thereafter, the Board
of Trustees or its designated committee- shall_ set
a time for a second public hearing.
Neither the law nor the CSU procedures require that the exclusive
representative appear in person before the Trustees or its
designated agent when offering their proposals. This allegation is
hereby dismissed.August 10, 1984 LA·-PN-74-H Page 4 Allegation #7 appears to be added as spice to your cornpla int. Clearly CSUS cannot be held responsible for PERB's internal policies regarding assistance in processing your complaints. Thif; allegation is also hereby dismissed. Finally as to your reliance on Government Code section 11122 to support your complaint, PERB does not adjudicate violations of the ttopen Meeting Act," thus it is not a matter for PERB to decide. Your request for assistance in this case has been reviewed and is hereby denied. Due to the fact that technical assistance as prescribed by the PERB in Watts v. Los Angeles Community College District, Decision No. 186 (December 15, 1981), and Watts v. Los Angeles Unified School District and California School Employees Association, Decision No. 181a, (February 22, 1982), could not cure the defects in this complaint, your request is inappropriate. I will remain available to assist you in the technical processing of your complaints as PERB has described in the above-referenced cases. Therefore, because none of your allegations state a prima facie violation of HEERA section 3595, nor can they be amenaea to do so, your complaint is hereby DISMISSED WITIIOU'l' LEAVE TO AMEND. An appeal of this decision pursuant to PERB Regulation 32925 may be made within 20 ~alendar days following the date of service of this decision by filing an original and 5 copies of a statement of the facts upon which the appeal is based with the Board itself at 1031 - 18th Street, Suite 200, Sacramento, California 95814. Co?ies of any appeal must be concurrently served upon all parties and the Los Angeles Regional Office. Proof of service pursuant to Regulation 32140 is required. Sincerely, Frances A. Kreiling z;iona;:;tr ~~mith Regional Representative RS:bw cc: William B. Haughton, Esq.
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