PERB Decision No. 1950M•IBEW Local 1245 (Neronha) (PERB 1950M)
Gesamter Gesetzestext
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD PAMELA NERONHA, Charging Party, V. IBEW LOCAL 1245, Respondent. Case No. SA-CO-56-M PERB Decision No. 1950-M March 28, 2008 Appearance: Pamela Neronha, on her own behalf. Before Neuwald, Chair; Wesley and Rystrom, Members. DECISION NEUWALD, Chair: This case comes before the Public Employment Relations Board (PERB or Board) on appeal by Pamela Neronha (Neronha) of a Board agent's dismissal of her unfair practice charge. The charge alleged that the IBEW Local 1245 violated the Meyers- Milias-Brown Act (MMBA) 1 by failing to properly represent her. The Board agent dismissed the charge because it was untimely and for failure to state a prima facie case. On January 22, 2008, Neronha filed an appeal. Neronha states in her appeal: "[H]ow can you ask a union to represent you after they have been retained by the employer??" Neronha does not explain how this fact and/or argument demonstrates a deficiency in the Board agent's dismissal. The other page of her appeal cites facts which the Board agent failed to state in his warning letter but gives no indication as to how these facts would cure the statute of limitations issue addressed by the Board agent. 1The MMBA is codified at Government Code section 3500, et seq.
PERB Regulation 32635,2 provides: The Appeal shall: ( 1) State the specific issues of procedure, fact, law or rationale to which the appeal is taken; (2) Identify the page or part of the dismissal to which each appeal is taken; (3) State the grounds for each issue stated. Neronha fails to state the grounds for the issue raised in her appeal. As such, Neronha's appeal fails to comply with the requirements of PERB Regulation 32635. The Board, therefore, dismisses her appeal. (County of Solano (Human Resources Department) (2004) PERB Decision No. 1598-M.) ORDER The unfair practice charge in Case No. SA-CO-56-M is hereby DISMISSED WITHOUT LEA VE TO AMEND. Members Wesley and Rystrom joined in this Decision. 2PERB regulations are codified at California Code of Regulations, title 8, section 31001, et seq. 2
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