Unfair Labor Practice Hearing Update

On February 24, 1999, the California Public Employment Relations Board denied our appeal of the proposed decision of Administrative Law Judge (ALJ) Fred D'Orazio. The SPSE Executive Board voted on March 2, 1999 not to appeal the decision to Court of Appeal. We will continue to pursue this issue, however, probably with our elected representatives.

Chronology....

July 1, 1996

UC abolishes the Staff Personnel Policies and adopts the Personnel Policies for UC Staff Members developed under the Human Resources Management Initiative (HRMI).

 

October 11, 1996

SPSE's Grievance Committee Chairman, Bruce Kelly, files an Unfair Labor Practice Charge against the Regents of the University of California.

 

May 9, 1997

LLNL proposes a slew of personnel policy changes.

 

May 30, 1997

SPSE and LLNL representatives meet to discuss the proposed personnel policy changes.

 

June 20, 1997

An Informal Conference mediated by Kristin L. Rosi, PERB Regional Attorney, is held at Lawrence Livermore National Laboratory. Attempts to settle the dispute fail.

 

August 11, 1997

LLNL proposes a "Restricted Status" employment category. Employees hired under this category would be "at will" employees without many significant rights, including grievance rights. See SPSE Newsletter #3, October 1997 for more information.

 

February 17, 1998

SPSE requests that the PERB Board seek injunctive relief to prevent LLNL from making personnel policy changes until the Unfair Labor Practice Charge is heard and decided.

 

February 24, 1998

UC files a Motion to Dismiss the Unfair Labor Practice Charge.

 

February 25, 1998

PERB Board denies SPSE's request for injunctive relief without prejudice.

 

February 26, 1998

First day of hearing on the Unfair Labor Practice Charge. PERB Administrative Law Judge (ALJ) Fred D'Orazio presides. Edward M. Option, University of California Counsel, represents the UC/LLNL. Andrew Thomas Sinclair, Attorney at Law, represents SPSE.

 

February 27, 1998

Second day of hearing on the Unfair Labor Practice Charge.

 

April 6, 1998

LLNL adopts the new "flexible term employee" category.

 

April 24, 1998

The PERB ALJ cancels the hearing scheduled for April 27. Decides to rule on the UC's Motion to Dismiss the Unfair Labor Practice Charge.

 

September 8, 1998

PERB ALJ issues his "Proposed Decision" dismissing SPSE's Unfair Labor Practice Charge.

 

September 23, 1998

The SPSE Executive Board votes to appeal PERB Administrative Law Judge Fred D'Orazio's Proposed Decision to dismiss our Unfair Labor Practice Charge. The required documents are filed, the Proposed Decision will now be reviewed by the full PERB Board.

 

November 5, 1998

Appeal is placed on the docket of the Public Employment Relations Board.

 

February 24, 1999

PERB denies our appeal of the proposed decision of Administrative Law Judge (ALJ) Fred D'Orazio.

Documents for further information:

Chronology of the Unfair Process

Statement of Exceptions

Brief in Support of Statement of Exceptions

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

Updated 3/17/99