County of Solano (Human Resources Department) (PERB 1598M)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
SEIU, LOCAL 1280, AFL-CIO,
Charging Party,
V.
COUNTY OF SOLANO (HUMAN RESOURCES
DEPARTMENT),
Respondent.
Case No. SF-CE-83-M
PERB Decision No. 	1598-M
February
	19,
	2004
Appearances: Art Grubel, Executive Director, for SEIU Local 1280, AFL-CIO; Yolanda
Irigon, Director
of
Human Resources, and Josie Jenkins, Assistant Director
of
Human
Resources, for County
of
Solano (Human Resources Department).
Before Baker, Whitehead and Neima, Members.
DECISION
WHITEHEAD, Member: This case is before the Public Employment Relations Board
(PERB or Board) on appeal by SEIU, Local 1280 (SEIU)
of
a Board agent's dismissal. The
charge alleged that the County
of
Solano (Human Resources Department) (County) violated
the Meyers-Milias-Brown Act (MMBA) 1 by its refusal to process grievances over its alleged
discriminatory failure to place four unit members in a higher salary step
of
a promotional
classification that would give them a five percent salary increase. SEIU alleged that this
conduct constituted a violation
of
MMBA sections 3504 and 3505. In its amended charge,
SEIU alleged that the County discriminated against the three employees based upon age and
union activity because the three employees were not granted the same step increase as four
other younger employees and SEIU represented the three in their grievances before the County.
1MMBA is codified at Government Code section 3500 et seq. Unless otherwise
indicated, all statutory references herein are to the Government Code.

SETIJ alleged that this conduct violated MMBA section 3505, Sections 19.A.3. (Grievance
Procedure) and 2A (No Discrimination) of the parties Memorandum of Understanding.
The Board agent dismissed the charge for failing to state a prima facie case of either
unilateral change or discrimination. On February 21, 2003, SEIU filed a timely one paragraph
appeal of the Board agent's dismissal. It did not provide any information supporting the
appeal. The County responded on March 18, 2003 that the appeal did not meet the
requirements of PERB Regulation 326352 by not providing specific issues of procedure, fact or
law that support an appeal, by identifying the portions of the dismissal being appealed, or
provide the grounds for issues appealed. On October 7, 2003, several months after the appeal
was due, two of the affected employees filed an "Informal Petition to Submit an Informational
Brief," designed to "clarify" the basis for SEIU's appeal.
Upon review of the record, including the unfair practice charge, the amended charge,
the Board agent's warning and dismissal letters, SETIJ's appeal, the County's Response to
SETIJ's appeal, and the Informal Petition to Submit an Informational Brief, the Board denies
SEIU's appeal and affirms the Board agent's dismissal.
DISCUSSION
We will first address the employees' Informal Petition to Submit an Informational
Brief, filed with the Board in October 7, 2003, approximately 7 ½ months after the appeal was
due. Under PERB Regulation 32136, a late filing may only be excused for good cause.3 The
2PERB regulations are codified at California Code of Regulations, title 8, section 31001
et seq.
3PERB Regulation 32136 provides:
A late filing may be excused in the discretion of the Board for
good cause only. A late filing which has been excused becomes a
timely filing under these regulations.
2

two petitioners did not provide any facts showing good cause for the delay, therefore the issues
raised in the Informal Petition will not be addressed.
The Board finds that SEIU' s appeal did not comply with the requirements of PERB
Regulation 326354 and dismisses the charge for failure to state a prima facie case of either
unilateral change or unlawful discrimination.
ORDER
The unfair practice charge in Case No. SF-CE-83-M is hereby DISMISSED WITHOUT
LEA VE TO AMEND.
Members Baker and Neima joined in this Decision.
4PERB Regulation 32635 provides, in pertinent part:
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.
3