What is an unfair practice charge?

What is an unfair practice charge?

An unfair practice charge may be filed with PERB by an employer, employee organization, or employee alleging that conduct has occurred which is unlawful under one of the Acts administered by PERB.

What is a PERB order?

The Public Employment Relations Board (PERB or Board) is a quasi-judicial administrative agency charged with administering the collective bargaining statutes covering employees of California’s public schools, colleges, and universities, employees of the State of California, employees of California local public agencies …

What are unfair practices in the workplace?

The Labor Relations Act (LRA) gives three general categories of conduct considered to be unfair labor practices: retaliation, wrongful pressure, and termination while under collective bargaining agreements. Actions deemed retaliation are prohibited.

What is the Meyers Milias Brown Act?

In California, the Meyers-Milias-Brown Act governs labor management relations in government employment fields and serves to promote full communication between public agencies and their employees.

Is a ULP a lawsuit?

The NLRB may enjoin a lawsuit as an unfair labor practice (ULP) only if the lawsuit is: Objectively baseless and without merit.

How do you cite a PERB case?

Citing PERB Decisions According to the California Style Manual, PERB decisions should be cited in the format: California State Employees Association (Carrillo) (1997) PERB Dec. No. 1199-S [21 PERC ¶ 28099, p.

What is an improper practice?

Improper Practices / Unfair Labor Practices These improper practices include, among others, interfering with public employees’ or unions’ rights, discriminating against public employees for participating in a union, and refusing to negotiate in good faith.

How do I talk to HR about unfair treatment?

Reporting an Employer for Unfair Treatment

1. Keep it focused. Don’t list every problem you’ve ever had with the company; focus on the illegal conduct.
2. No legal buzzwords. Don’t use legal terminology you don’t fully understand.
3. Be constructive. Identify what you would like to see changed.
4. Avoid threats.

What is a violation of the Brown Act?

Under Section 54963, it is a violation of the Brown Act for any person to disclose confidential information acquired in a closed session. This section enumerates several nonexclusive remedies available to punish persons making such disclosures and to prevent future disclosures.

What code is the Meyers Milias Brown Act a part of?

3500.5. This chapter shall be known and may be cited as the “Meyers-Milias-Brown Act.” (Added by renumbering Section 3510 by Stats.

How do I file an unfair practice charge against PERB?

Unrepresented individuals exempt from using the e-PERB Portal may file the original charge with the original proof of service with the appropriate PERB office (PERB Regulation 32075). A copy of the completed unfair practice charge and proof of service form must be served on the party being charged (respondent).

What is the nature of a PERB hearing in unfair practice?

Each case is unique and therefore a specific time frame cannot be provided. Q. What is the nature of a PERB hearing in an unfair practice charge? A. Parties are entitled to a representative of their choice. Charging Party bears the burden of proving its case. Parties may call witnesses and introduce documentary evidence.

What happens if a PERB decision is not appealed?

(PERB Regulation 32320 (c).) If the decision is not appealed, it will become final and binding only on the parties to the particular dispute. However, a decision that is not appealed does not constitute binding PERB precedent as to other parties. (PERB Regulation 32215.) Q. How do I get an extension of time to file before the Board itself?

Can a PERB agent help me complete a charge form?

A. No. PERB is a neutral state agency charged with investigating and enforcing public labor relations statutes. As such, PERB agents may not provide you with legal assistance or advice in completing your forms. However, if you have a general question regarding procedures or completion of the charge form, contact your local PERB office.