California School Employees Association (Flannagan) (PERB 0945E)

STATE 	OP 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
DAVID H. 	FLANNAGAN,
Charging 	Party,
v.
CALIFORNIA 	SCHOOL 	EMPLOYEES
ASSOCIATION,
Respondent.
Case No. 	LA-CO-572
PERB Decision No. 	945
June 24, 	1992
Appearance: 	David H. 	Flannagan, 	on his own behalf.
Before Hesse, 	Chairperson, 	Camilli and Carlyle, 	Members.
DECISION AND 	ORDER
CARLYLE, 	Member: 	This case is before the Public Employment
Relations 	Board 	(PERB or Board) 	on appeal by David H. 	Flannagan
(Flannagan) 	of 	a Board agent's 	dismissal 	of his 	charge that 	the
California 	School 	Employees 	Association 	violated 	section
3543.6(b) 	of 	the Educational 	Employment Relations Act.1 PERB
1EERA 	is 	codified at Government Code 	section 	3540 	et 	seq.
Section 3543.6 	states, 	in pertinent part:
It 	shall be unlawful 	for an employee
organization to:
(b) 	Impose or threaten to 	impose reprisals
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.
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Regulation 32635(a),2 which governs review of dismissals, 	states,
in pertinent part:
The appeal 	shall:
(1) 	State the 	specific 	issues of procedure,
fact, 	law or rationale to which the appeal 	is
taken;
(2) 	Identify the page or part of 	the
dismissal 	to which each appeal 	is 	taken;
(3) 	State the 	grounds 	for each 	issue 	stated.
Flannagan's appeal, 	in its 	entirety, 	consists of an amended
unfair practice 	charge. 	This 	appeal does 	not 	comply with PERB
Regulation 32635, 	as 	it does 	not 	identify which portions 	of 	the
dismissal 	are 	challenged, 	nor does 	it 	indicate the grounds 	for
the 	appeal. 	The Board has 	held 	that 	compliance with regulations
governing 	appeals 	is 	required 	to 	afford 	the 	respondent 	and 	the
Board an adequate opportunity to address 	the 	issues 	raised, 	and
noncompliance will warrant dismissal of 	the appeal. 	(Oakland
Education Association 	(Baker) 	(1990) 	PERB Decision No. 	827, 	p. 	2;
United Teachers 	- Los Angeles 	(Abboud, 	et al.) 	(1989) 	PERB
Decision No. 	738, 	p. 	2.) 	The Board therefore rejects the appeal.
The unfair practice 	charge 	in Case No. 	LA-CO-572 	is hereby
DISMISSED WITHOUT LEAVE 	TO AMEND.
Chairperson Hesse 	and Member Camilli 	joined 	in this 	Decision.
2PERB 	Regulations 	are 	codified 	at 	California 	Code 	of
Regulations, 	title 8, 	section 31001 	et seq.
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