This office offers consultation upon request to any member who is served with a grievance or a PERB unfair labor practice charge. Full collective bargaining services are available.

Unfair Labor Practice (ULP) Charges and Complaints

The first phase of a ULP is the filing of a written charge with PERB, and service of a copy of the charge on the charged party (which is usually the district, college or county superintendent). At this phase, a formal answer to the charge is not required. However, you should mail or deliver to us a copy of all documents which you receive from PERB on the same day you receive them.

When PERB receives the ULP, it assigns a case number and title (for example: LA-CE 0015, Podunk Teachers Federation, Chapter No. 2 v. Happy Valley School District). PERB then sends both parties a letter stating that a ULP has been filed, naming the regional or staff attorney in charge of the initial investigation and describing the case handling procedures which will be used. Additionally, the charged party is informed of its right to present information, in oral or written form, to the regional or staff attorney. A Notice of Representation Form will be included with the PERB information. If you want this office to represent you, you should sign the representation form and send it to us along with all other material received from PERB. We will send the representation form to PERB to ensure that we are contacted at all further phases of the case.

After PERB has assigned a case number and title, the General Counsel of Schools Legal Service will designate a negotiator, attorney or negotiator/attorney team to handle the case. You will be contacted by your assigned representative to discuss the matter and to obtain pertinent information.

After receiving the initial charge, PERB will investigate the situation which gave rise to the charge. In most instances, we attempt to convince the regional or staff attorney that the charge should be dismissed.

Where the ULP charge states a prima facie case, in other words, where there is sufficient factual showing concerning each element of the alleged violation(s), or where there are substantial questions of fact which can only be resolved during a hearing, the PERB regional attorney will generally issue a Complaint. While this triggers formal hearing procedures, it does not mean that PERB finds any merit to the charge. You should be prepared to explain both to employees and to the public that PERB has made no decision other than that a hearing must be held.

The second phase of a ULP follows the issuance of the formal complaint. Once a complaint has been issued, the charged party will be served and informed of its obligation to respond. Usually there are only 20 calendar days from the date of issuance (not receipt) of the Complaint in which to file a formal written response.

You will be contacted to discuss the complaint, which may vary substantially from the original charge, and to obtain information necessary for preparation of the written response. If we have filed the representation form, the Complaint and all related materials are sent directly to our office by PERB. If, however, you have not yet determined to utilize our service, those materials will be sent to the charged party. Therefore, should you now determine to seek our assistance, time is of the essence. In this instance, we suggest an immediate appointment and a personal visit either at our office or yours. It is imperative that full, legible copies of all documents be available at that meeting.

A complaint will be accompanied by a notice setting the date for an informal conference. The purpose of the informal conference is to clarify the issues, if necessary, and to explore the possibility of voluntary resolution and settlement of the case. The informal conference is a process similar to mediation in which an administrative law judge, usually meeting separately with each side, attempts to resolve the issue in dispute without the need for a formal hearing. This process is often successful and should be approached in a positive manner. You will be contacted to discuss such matters as parameters, if any, for settlement of the case, whether your appearance at the informal conference is necessary, whether the informal conference date is appropriate and whether and how many district participants from the charging party should be released, with or without pay, to attend the informal conference.

If the informal conference fails to result in a voluntary settlement or withdrawal/dismissal of the complaint, either party may file a request for a hearing. Also, PERB may order a hearing in the case. If a request for hearing is not filed by either party within 6 months from the date of issuance of the complaint, it will be dismissed unless good cause is shown. If there is no withdrawal/dismissal, there will be a full evidentiary hearing before a second PERB administrative law judge.

Following the close of the hearing, the administrative law judge will issue a proposed decision. If either party is dissatisfied with the proposed decision, it may appeal to PERB itself. Decisions of PERB may only be reviewed by a State Court of Appeal or the State Supreme Court.

Our internal procedures are designed to ensure that negotiators and attorneys are aware of the filing of ULPs and of requests for assistance. In this way we are able to keep each other apprised of other matters which are or may be related to the ULP process.

Members should also make us aware of all current and past matters which may have a bearing on the ULP (for example, contract negotiations - including the potential for a strike, pending disciplinary actions, pending or threatened lawsuits, pending administrative procedures in other forums - grievances, Workers’ Compensation, DFEH, etc., involvement of any affected employee as a member of the exclusive representative's bargaining team, grievance committee or executive committee).

Grievances

Grievances are serious, formal matters of contract interpretation and administration and should be viewed as a part of the on-going process of employer-employee relations within your district. The wide variety of grievance provisions in collective bargaining agreements makes it impossible to develop a standard procedure for assisting in all grievance cases.

Ordinarily, the handling of a grievance becomes more formal at each successive level in the process. It is often unnecessary for this office to become involved in the informal or first level supervisory phase of a grievance. However, if there are unique procedural, jurisdictional or contract issues involved (for example, the original grievance is filed late, the bargaining agreement limits the raising of procedural defenses or the grievance does not relate to a contract clause) it may be important to contact this office.

If our advice or assistance is required at an intermediate level, the request must be made by or with the knowledge of the superintendent or chancellor (or, in larger districts, the appropriate assistant superintendent, vice-chancellor or personnel director).

When time permits, our assistance should be requested in writing (or by an office visit) so that we can examine the collective bargaining agreement, the grievance form and other pertinent documents and, if necessary, prepare or review a proposed response. A written request also enhances our ability to keep track of a grievance and to keep accurate records and statistics. Since grievance procedures often include rigid deadlines at various levels, you should decide as early as possible whether our assistance may be required. Do not hesitate to contact us by telephone if time is a critical factor. Please be certain to make this factor known so that someone who is or will be in the office that day is able to give the matter prompt attention.

In most cases, the initial request for grievance assistance should be referred to one of the negotiators. If a negotiator is not available to give prompt attention to your request, or if the General Counsel determines, an attorney will be assigned to assist in the matter.

This office is available to provide preparation, assistance or actual representation when grievances reach the level of the governing board, conciliation or arbitration. If our attendance is required, and if we are not handling the arrangements, formal sessions should not be scheduled until you have cleared the date with the calendar of the negotiator and/or attorney who will appear.

Some members send us information copies of grievances whenever they are filed, as well as copies of intermediate level responses. This practice is useful because we then have documents to refer to if a request for advice or assistance is made at a later phase. However, you should be aware that we file these information copies without taking action unless specifically requested.

As in ULP cases, whenever you request our assistance in handling a grievance, you should also make us aware of all current and past matters which may have a bearing on the grievance (for example, contract negotiations, pending disciplinary actions, pending or threatened lawsuits, pending administrative proceedings in other forums [PERB, Workers’ Compensation, DFEH, etc.], the involvement of the grievant as a shop or faculty representative, a member of the exclusive representative‘s bargaining team, grievance committee or executive committee).

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