STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD


SOCIETY OF PROFESSIONAL
SCIENTISTS AND ENGINEERS,

Charging Party,

v.

REGENTS OF THE UNIVERSITY OF
CALIFORNIA,

Respondent.

Case No. SF-CE-461-H

PERB Decision No. 1316-H

February 24, 1999



Appearances: Andrew Thomas Sinclair, Attorney, for Society of Professional Scientists and Engineers; Edward M. Opton, Jr., University Counsel, for Regents of the University of California.

Before Caffrey, Chairman; Dyer and Amador, Members.

DECISION


AMADOR, Member: This case is before the Public Employment Relations Board (Board) on appeal by the Society of Professional Scientists and Engineers (SPSE) to an administrative law judge's (ALJ) proposed decision (attached). The ALJ found that the Regents of the University of California (University) did not violate section 3571(a) of the Higher Education Employer-Employee Relations Act (HEERA)
{1} by unilaterally implementing a wholesale change in personnel policies which covered certain employees at the Lawrence Livermore National Laboratory.

The Board has reviewed the entire record, including the ALJ's proposed decision, SPSE's exceptions and the University's response. The Board finds the ALJ's findings of fact and conclusions of law to be free of prejudicial error and adopts them as the decision of the Board itself.

ORDER

The unfair practice charge and complaint in Case No. SF-CE-461-H is hereby DISMISSED WITHOUT LEAVE TO AMEND.

Chairman Caffrey and Member Dyer joined in this Decision.

______________________________________

{1} HEERA is codified at Government Code section 3560 et seq. Section 3571 provides, in pertinent part:

It shall be unlawful for the higher education employer to do any of the following:

(a) 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 becALJse their exercise of rights guaranteed by this chapter. For purposes of this subdivision, "employee" includes an applicant for employment or reemployment.


Go back to the SPSE Home Page
http://www.spse.org/