United Teachers of Los Angeles (Kestin) (PERB 1594E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
LINDA LOU KESTIN,
Charging Party,
V.
UNITED TEACHERS OF LOS ANGELES,
Respondent.
Case No. LA-CO-1120-E
PERB Decision No.
	1594
February
	9,
	2004
Appearances: Linda Lou Kestin, on her own behalf; Geffner & Bush by Steven K. Ury,
Attorney, for United Teachers
of
Los Angeles.
Before Baker, Whitehead and Neima, Members.
DECISION
NEIMA, Member: This case is before the Public Employment Relations Board (PERB
or Board) on appeal by Linda Lou Kestin (Kestin) from a Board agent's dismissal (attached)
of
her unfair practice charge. The charge alleged a violation
of
the duty
of
fair representation by
the United Teachers
of
Los Angeles (UTLA). The Board agent dismissed the charge for
failure to include a "clear and concise statement
of
the facts and conduct alleged to constitute
an unfair practice" as required by PERB Regulation 32615(a)(5).1
The Board has reviewed the entire record in this matter, including the original and
amended charge, the warning and dismissal letter, Kestin's appeal and UTLA's response. 	The
Board finds the dismissal letter to be free of prejudicial error and adopts it as the decision
of
the Board itself.
1PERB regulations are codified at California Code of Regulations, title 8,
section 31001, et seq.

2
ORDER
The unfair practice charge in Case No. LA-CO-1120-E is hereby DISMISSED
WITHOUT LEA VE TO AMEND.
Members Baker and Whitehead joined in this Decision.
2

STATE OF CALIFORNIA 	GRAY DAVIS, Governor	
_S_T_A_T_E_O_F_C_A_L_I_F_O_R_N_I_A
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PUBLIC EMPLOYMENT RELATIONS BOARD
Sacramento Regional Office
1031
18th Street
Sacramento, CA 95814-4174
Telephone: (916) 327-8387
Fax: (916) 327-6377
December 10, 2002
Linda Lou Kestin
1418 S. Pacific Avenue
Santa Ana,
CA
92704
Re: 	Linda Lou Kestin
v.
United Teachers
of
Los Angeles
Unfair Practice Charge No. LA-CO-1120-E
DISMISSAL LETTER
Dear Ms. Kestin:
GRAY
DA
VIS, Governor
The above-referenced unfair practice charge was filed with the Public Employment Relations
Board (PERB
or
Board) on November 15, 2002. You allege that the United Teachers
of
Los
Angeles violated the Educational Employment Relations Act (EERA)1
by
refusing to represent
you in some matter with your employer, Los Angeles Unified School District.
On November 22, 2002, I wrote to you advising that in order to process the charge,
PERBneeded an original signature on the unfair practice charge form and thatyou failed to provide
the attachment that you referenced in the charge. (The attachment must contain the
basis
of
your allegation because the charge as filed fails to provide any facts which state aviolation
of
the EERA.)
I indicated to you in my attached letter dated November 26, 2002, that the above-referenced
charge did not state a prima facie case. You were advised that,
if
there were any factual
inaccuracies or additional facts which would correct the deficiencies explained in that letter,
you should amend the charge. You were further advised that, unless you amended the charge
to state a prima facie case or withdrew it prior to December 6, 2002, the chargewould bedismissed.
I have not received either an amended charge or a request for withdrawal.2 Therefore, I am
dismissing the charge based on the facts and reasons contained in my November 26, 2002,
letter.
Right to Appeal
Pursuant to PERB Regulations,3 you may obtain a review
of
this dismissal
of
the charge by
filing an appeal to the Board itself within twenty (20) calendar days after service
of this
1 EERA is codified at Government Code section 3540 et seq. 	The text
of
the EERA and
the Board's Regulations may be found on the Internet at www.perb.ca.gov.
2 You faxed a document in which you assert that PERB is "not getting off the hook,"
but provided no other information.

Page 2
(
dismissal. 	(Regulation 32635(a).) Any document filed with the Board must contain the case
name and number, and the original and five (5) copies
of
all documents must be provided to
the Board.
LA-CO-1120-E
December 10, 2002
A document is considered "filed" when actually received before the close
of
business (5 p.m.)
on the last day set for filing or when mailed by certified or Express United States mail, as
shown on the postal receipt or postmark, or delivered to a common carrier promising overnight
delivery, as shown on the carrier's receipt, not later than the last day set for filing.
(Regulations 32135(a) and 32130.)
A document is also considered "filed" when received by facsimile transmission before the
close
of
business on the last day for filing together with a Facsimile Transmission Cover Sheet
which meets the requirements
of
Regulation 32135(d), provided the filing party also places the
original, together with the required number
of
copies and proof
of
service, in the U.S. mail.
(Regulations 32135(b), (c) and (d); see also Regulations 32090 and 32130.)
The Board's address is:
Public Employment Relations Board
Attention: Appeals Assistant
1031 18th Street
Sacramento, CA 95814-4174
FAX: (916) 327-7960
If
you file a timely appeal
of
the refusal to issue a complaint, any other party may file with the
Board an original and five copies
of
a statement in opposition within twenty (20) calendar days
following the date
of
service
of
the appeal. 	(Regulation 32635(b).)
Service
All documents authorized to be filed herein must also be "served" upon all parties to theproceeding, and a "proof
of
service" must accompany each copy
of
a document served upon a
party or filed with the Board itself. (See Regulation 32140 for the required contents and a
sample form.) The document will be considered properly "served" when personally delivered
or deposited in the first-class mail, postage paid and properly addressed. A document filed by
facsimile transmission may be concurrently served via facsimile transmission on all parties to
the proceeding. (Regulation 32135(c).)
Extension
of
Time
A request for an extension of time, in which to file a document with the Board itself, must be
in writing and filed with the Board at the previously noted address. A request for an extension
3 PERB's Regulations are codified at California Code of Regulations, title 8, section
31001 et seq.

LA-CO-1120-E
December 10, 2002
Page 3
(
must be filed at least three (3) calendar days before the expiration
of
the time required for
filing the document. The request must indicate good cause for and,
if
known, the position
of
each other party regarding the extension, and shall be accompanied by
proof
of
service
of
the
request upon each party. (Regulation 32132.)
Final Date
If
no appeal is filed within the specified time limits, the dismissal will become final when the
time limits have expired.
Sincerely,
ROBERT THOMPSON
General Counsel
By~S~
Labor Relations Specialist
Attachment
cc: John Perez, President

STATE OF CALIFORNIA 	GRAY DAVIS, Governor	
_S_T_A_T_E_O_F_C_A_L_I_F_O_RN_I_A
__
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PUBLIC EMPLOYMENT RELATIONS BOARD
Sacramento Regional Office
I 031 18th Street
Sacramento, CA 95814-4174
Telephone: (9 I 6) 327-8387
Fax: (916) 327-6377
November 26, 2002
Linda Lou Kestin
1418
S.
Pacific Avenue
Santa Ana, CA 92704
Re: 	Unfair Practice Charge No. LA-CO-1120-E
WARNING LETTER
Dear Ms. Kestin:
GRAY
DA
VIS,
Governor
The above-referenced unfair practice charge was filed with the Public Employment Relations
Board (PERB or Board) on November 15, 2002. You allege that the United Teachers
of
Los
Angeles violated the Educational Employment Relations Act (EERA)1 by refusing to represent
you in some matter with your employer, Los Angeles Unified School District.
On November 22, 2002, I wrote to you advising that in order to process the charge, PERB
needed an original signature on the unfair practice charge form and that you failed to provide
the attachment that you referenced in the charge. (The attachment must contain the basis
of
your allegation because the charge as filed fails to provide any facts which state a violation
ofthe EERA.)
On November 25, 2002, you submitted a copy
of
a charge form with an original signature, but
failed to provide any more information or the attachment you referenced in your November
15
filing. 	You wrote "You have the rest
of
the complaint." Unfortunately, I do not have it, as it
was not attached or included with the material filed on November 15.
PERB Regulation 32615(a)(5) requires, inter alia, that an unfair practice charge include a
"clear and concise statement
of
the facts and conduct alleged to constitute an unfair practice."
Thus, the charging party's burden includes alleging the "who, what, when, where and how"
ofan unfair practice. (State
of
California (Department
of
Food and Agriculture) (1994) PERB
Decision No. 1071-S, citing United Teachers-Los Angeles (Ragsdale) (1992) PERB Decision
No. 944.) Mere legal conclusions are not sufficient to state a prima facie case. (Ibid.; Charter
Oak Unified School District (1991) PERB Decision No. 873.) Your charge as currently filed
does not provide sufficient facts to ascertain what happened or when it occurred.
For these reasons the charge, as presently written, does not state a prima facie case.
If
there
are any factual inaccuracies in this letter or additional facts that would correct the deficiencies
explained above, please amend the charge. The amended charge should be prepared on a
standard PERB unfair practice charge form, clearly labeled First Amended Charge, contain all
1 EERA is codified at Government Code section 3540 et seq. The text of the EERA and
the Board's Regulations may be found on the Internet at www.perb.ca.gov.

LA-CO-1120-E
November 26, 2002
Page 2
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the facts and allegations you wish to make, and be signed under penalty
of
perjury by the
charging party. The amended charge must have the case number written on the top right hand
corner
of
the charge form. The amended charge must be served on the respondent's
representative and the original proof
of
service must be filed with PERB.
If
I do not receive an
amended charge or withdrawal from you before December 6, 2002, I shall dismiss your charge.
If
you have any questions, please call me at the above telephone number.
Sincerely,
~L
Roger Smith
Labor Relations Specialist