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PERB Issues Complaint Against CSU on "Mandated Reporter" Designation

APC´s Unfair Practice Charge to Go to Hearing before Administrative Law Judge

01/15/2014

We previously reported that CSU broke its promise to address APC´s concerns over the blanket designation of all Unit 4 employees as "mandated reporters" who must report suspected cases of child abuse or risk conviction of a misdemeanor.  We reported at the same time that, in response, APC reactivated its Unfair Practice Charge against CSU about the matter.  Click here to read the article. 

On January 8, 2014, the General Counsel of the California Public Employment Relations Board (PERB) issued a Complaint against CSU in the case.  The Complaint states that by its actions, "Respondent [i.e., CSU] failed and refused to bargain in good faith with Charging Party [i.e., APC] in violation of Government Code section 3571(c)" and that "[t]his conduct also interfered with the rights of bargaining unit employees [i.e., Unit 4 employees] to be represented by Charging Part in violation of Government Code section 3571(a)."  Click here to read the Complaint.

Issuance of the Complaint means that PERB´s General Counsel agrees with APC that the facts alleged in the Unfair Practice Charge, if proven to be true and absent a valid defense, constitute a violation of CSU´s bargaining obligation towards APC.  Unless an Informal Conference, scheduled for February 18, 2014, results in settlement, the parties will present their evidence and arguments at a Formal Hearing to a PERB Administrative Law Judge (ALJ), who will issue a Proposed Decision.  If neither party files Exceptions to the ALJ´s Proposed Decision, it becomes final and binding on the parties only.  If either party files Exceptions, the PERB itself will take up the matter and issue a precedential PERB Decision.

We will keep you posted.