PERB Decision No. 0116EA•Davis Unified School District/New Haven Unified School District/Newark Unified School District/State Center Community College District/Centinela Valley Union High School District (PERB 0116EA)
Davis Unified School District/New Haven Unified School District/Newark Unified School District/State Center Community College District/Centinela Valley Union High School District (PERB 0116EA)
PERB Decision No. 0116EACalperb19.06.1980
Gesamter Gesetzestext
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, Charging Party, Case No. S-CE-78 V . DAVIS UNIFIED SCHOOL DISTRICT, Respondent. NEW HAVEN TEACHERS ASSOCIATION, CTA/NEA, Charging Party, Case No. SF-CE-126 V . NEW HAVEN UNIFIED SCHOOL DISTRICT, Respondent. NEWARK TEACHERS ASSOCIATION, Case No. SF-CE-127 Charging Party, V . PERB Decision No. 116-a NEWARK UNIFIED SCHOOL DISTRICT, REVISED ORDER Employee Organization. June 19, 1980 CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, Charging Party, Case No. S-CE-80 v . STATE CENTER COMMUNITY COLLEGE DISTRICT, Respondent. CENTINELA VALLEY SECONDARY TEACHERS ASSOCIATION, Charging Party, Case No. LA-CE-180 V . CENTINELA VALLEY UNION HIGH SCHOOL DISTRICT Respondent. STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, Charging Party, V. DAVIS UNIFIED SCHOOL DISTRICT, Respondent. ) ) ) ) ) ) ) ___________________ ) ) ) ) ) ) ) ) ) Case No. S-CE-78 NEW HAVEN TEACHERS ASSOCIATION, CTA/NEA, Charging Party, V. NEW HAVEN UNIFIED SCHOOL DISTRICT, Respondent. -------------------) Case No. SF-CE-126 NEWARK TEACHERS ASSOCIATION, Charging Party, v .. NEWARK UNIFIED SCHOOL DISTRICT, Employee Organization. ) ) ) ) ) ) ) ___________________ ) Case No. SF-CE-127 PERB Decision No. 116-a REVISED ORDER June 19, 1980 CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, Charging Party, v. STATE CENTER COMMUNITY COLLEGE DISTRICT, Respondent. ) ) ) ) ) ) ) ) -------------------) Case No. S-CE-80 CENTINELA VALLEY SECONDARY TEACHERS ASSOCIATION, Charging Party, V. CENTINELA VALLEY UNION HIGH SCHOOL DISTRICT, Res pond en t. ) ) ) ) ) ) ) ) ) ___________________ ) Case No. LA-CE-180
Appearances: Charles L. Morrone, Attorney, for California School Employees Association; Gary G. Mathiason and Harlan E. Van Wye, Attorneys (Littler, Mendelson, Fastiff & Tichy) , for Davis Joint Unified School District; J. Michael Amis, Attorney (White, Giambroni & Walters) , for New Haven Teachers Association, CTA/NEA and for Newark Teachers Association; Jon A. Hudak, Attorney (Breon, Galgani & Godino) , for New Haven Unified School District; Lee T. Paterson, Attorney (Paterson and Taggart) , for Newark Unified School District; Robert W. Stroup, Attorney (Paterson & Taggart) for State Center Community College District; Charles R. Gustafson, Attorney for Centinela Valley Secondary Teachers Association; William Kay, Attorney (Whitmore & Kay) for Centinela Valley Union High School District. Before Gluck, Chairperson; Gonzales, Member. DISCUSSION 1 . On June 22, 1978, the Davis Unified School District reached an agreement with California School Employees Association providing for retroactive payment of the step increments that had been unlawfully withheld by the Davis District. 2. On October 19, 1978, the Centinela Valley Union School District reached an agreement with the Centinela Valley Secondary Teachers Association providing for retroactive payment of the step and column increments that had been unlawfully withheld by the Centinela District. 3. On May 9, 1978, the Newark Unified School District reached agreement with the Newark Teachers Association providing for retroactive payment of step and column Board Member Moore did not participate in this decision. 2 Aphearances: Charles L. Morrone, Attorney, for California • Sc ool Employees Association; Gary G. Mathiason and Harlan E.Van Wye, Attorneys (Littler, Mendelson, Fastiff & Tichy), for Davis Joint Unified School District; J. Michael Amis, Attorney (White, Giambroni & Walters), for New Haven ~eachers Association, CTA/NEA and for Newark Teachers Association; Jon A. Hudak, Attorney (Breon, Galgani & Godino), for New Haven Unified School District; Lee T. Paterson, Attorney (Paterson and Taggart), for Newark Unified School District; Robert w. Stroup,Attorney (Paterson & Taggart) for State Center Community College District; Charles R. Gustafson, Attorney for Centinela Valley Secondary Teachers Association; William Kay, Attorney (Whitmore& Kay) for Centinela Valley Union High School District. Before Gluck, Chairperson; Gonzales, Member.1 DISCUSSION We have received notification that: we have received notification that: 1. On June 22, 1978, the Davis Unified School District reached an agreement with California School Employees Association providing for retroactive payment of the step increments that had been unlawfully withheld by the Davis District. 2. On October 19, 1978, the Centinela Valley Union School District reached an agreement with the Centinela Valley Secondary Teachers Association providing for retroactive payment of the step and column increments that had been unlawfully withheld by the Centinela District. 3. On May 9, 1978, the Newark Unified School District reached agreement with the Newark Teachers Association providing for retroactive payment of step and column 1Board Member Moore did not participate in this decision. 2
increments that had been unlawfully withheld by the Newark District. Pursuant to our statement in Davis Unified School District et al. (2/22/80) PERB Decision No. 116 that "[ijn the event that any of these districts has reached an agreement with the exclusive representative which includes the retroactive restoration of the withheld salary increments, that District may notify the Board so that a Revised Order and notice may be issued, " we issue the following Revised Order and notices. Our original order required the districts to reinstate the salary increments and to make retroactive payment of the withheld increments plus 7 percent interest. We find that the parties' agreements, which provided for retroactive salary increments, were not intended to settle the unfair practice charges based on the districts' salary freezes. Therefore, while we modify our order by deleting the requirement that the districts make retroactive payment, we find it appropriate to retain our remedy requiring the districts to pay interest on the unlawfully withheld salary increments from the date the increments were withheld through the date they were reinstated. The Revised Order is a revision of and replaces the Order issued on February 22, 1980. The revised notices replace the previously issued notices applicable to the Davis, Centinela Valley, and Newark Districts. W increments that had been unlawfully withheld by the Newark District. Pursuant to our statement in Davis Unified School District et al. (2/22/80) PERB Decision No. 116 that 11 [i]n the event that any of these districts has reached an agreement with the exclusive representative which includes the retroactive restoration of the withheld salary increments, that District may notify the Board so that a Revised Order and notice may be issued," we issue the following Revised Order and notices. Our original order required the districts to reinstate the salary increments and to make retroactive payment of the withheld increments plus 7 percent interest. We find that the parties' agreements, which provided for retroactive salary increments, were not intended to settle the unfair practice charges based on the districts' salary freezes. Therefore, while we modify our order by deleting the requirement that the districts make retroactive payment, we find it appropriate to retain our remedy requiring the districts to pay interest on the unlawfully withheld salary increments from the date the increments were withheld through the date they were reinstated. The Revised Order is a revision of and replaces the Order issued on February 22, 1980. The revised notices replace the previously issued notices applicable to the Davis, Centinela Valley, and Newark Districts. 3
REVISED ORDER
Upon the foregoing facts, conclusions of law and the entire
records in these cases, the Public Employment Relations Board
ORDERS that:
1 . The Davis Unified School District, the New Haven
Unified School District, the Newark Unified School
District, the State Center Community College District,
and the Centinela Valley Union High School District
shall cease and desist from taking unilateral action
with respect to employee wages, hours, or terms and
conditions of employment as defined by Government Code
section 3543.2, without providing the exclusive
representative with notice and opportunity to
negotiate .
2 . The Davis Unified School District shall pay to
classified employees interest at the rate of 7 percent
on the amount of salary increments withheld from
July 1, 1977, to the date those increments were
reinstated.
3. The Newark Unified School District shall pay to
certificated employees interest at the rate of 7
percent on the amount of salary increments withheld
from July 1, 1977, to the date those increments were
reinstated.
4. The State Center Community College District shall
reinstate yearly salary increments for classified
employees, with interest at the rate of 7 percent for
the amount due from July 1, 1977, to the date of
reinstatement.
The Centinela Valley Union High School District shall
pay to certificated employees interest at the rate of
7 percent on the amount of salary increments withheld
from September 7, 1977, to the date those increments
were reinstated.
6 . Each district shall:
(a) Post at all school sites, and all other work
locations where notices to employees customarily
are placed, immediately upon receipt thereof,
copies of the appropriate notice attached as an
appendix hereto. Such posting shall be
REVISED
ORDER
Upon
the foregoing
facts,
conclusions of
law and
the
entire
records in these
cases,
the Public
Employment
Relations
Board
ORDERS
that:
1.
The
Davis
Unified
School
District,
the
New
Haven
Unified
School
District,
the
Newark
Unified
School
District,
the
State
Center
Community
College
District,
and
the Centinela
Valley
Union High
School
Districtshall
cease
and
desist
from
taking
unilateral
action
with
respect to
employee
wages,
hours, or
terms
and
conditions of
employment
as
defined
by
Government
Code
section
3543.2, without providing the
exclusive
representative
with
notice
and
opportunity to
negotiate.
2.
The
Davis
Unified
School
District shall
pay
to
classified
employees
interest at
the
rate
of
7
percent
on
the
amount
of
salary
increments withheld
from
July
1,
1977,
to
the date those increments
were
reinstated.
3.
The Newark
Unified
School
District shall
pay
to
certificated
employees
interest at
the
rate
of
7
percent
on
the
amount
of
salary
increments withheld
from
July 1, 1977,
to the date those increments
were
reinstated.
4.
The
State
Center
Community
College
District shall
reinstate
yearly salary
increments for
classified
employees, with
interest at
the
rate
of
7
percent for
the
amount due from
July 1,
1977,
to the date of
reinstatement.
5.
The
Centinela Valley
Union High
School
District shall
pay
to
certificated
employees
interest at
the
rate of
7
percent
on
the
amount
of salary
increments withheld
from September
7,
1977,
to the date those increments
were
reinstated.
6.
Each
district shall:
{a)
Post
at all
school
sites,
and
all
other
work
locations
where
notices to
employees
customarily
are placed, immediately
upon
receipt thereof,copies of the appropriate notice attached as an
appendix hereto.
Such
posting shall
be
4maintained for a period of 30 consecutive days from receipt thereof. Reasonable steps should be taken to insure that said notices are not altered, defaced or covered by any other material. ( b ) Notify the appropriate regional director of the Public Employment Relations Board, in writing, within 20 days from the date of service of this Decision, of what steps the District has taken to comply herewith. This Revised Order shall become effective immediately upon service of a true copy thereof on each district. Harry Gluck, Chairperson maintained for a period of 30 consecutive days from receipt thereof. Reasonable steps should be taken to insure that said notices are ~ot altered, defaced or covered by any other material. (b) Notify the appropriate regional director of thePublic Employment Relations Board, in writing, within 20 days from the date of service of this Decision, of what steps the District has taken to comply herewith. This Revised Order shall become effective immediately upon service of a true copy thereof on each district. By: / Raymond J. Gonzales, Member Ha7y--' 1 <fiu 1 11<, - Chairperson / 5
Appendix: Notice. NOTICE TO EMPLOYEES POSTED BY ORDER OF THE PUBLIC EMPLOYMENT RELATIONS BOARD, An Agency of the State of California After a hearing in Unfair Practice Case No. SF-CE-127, in which all parties had the right to participate, it had been Found that the Newark Unified School District violated the Educational Employment Relations Act by taking unilateral action regarding salary increments, without providing the exclusive representative, Newark Teachers Association, with notice and opportunity to negotiate. As a result of this conduct, we have been ordered to post this notice. We will abide by the following: (a) WE WILL NOT take unilateral action regarding proposed changes of employee wages, hours or terms or conditions of employment, without providing the exclusive representative with notice and opportunity to negotiate. (b) WE WILL pay to certificated employees interest at 7 percent on the amount of salary increments withheld from July 1, 1977 to the date those increments were reinstated. NEWARK UNIFIED SCHOOL DISTRICT By : Superintendent Dated : This is an official notice. It must remain posted for 30 consecutive days from the date of posting and must not be defaced, altered or covered by any material. 6 Appendix: Notice. NOTICE TO EMPLOYEES POSTED BY ORDER OF THE PUBLIC EMPLOYMENT RELATIONS BOARD, An Agency of the State of California After a hearing in Unfair Practice Case No. SF-CE-127, in which all parties had the right to participate, it had been found that the Newark Unified School District violated the Educational Employment Relations Act by taking unilateral action regarding salary increments, without providing the exclusive representative, Newark Teachers Association, with notice and opportunity to negotiate. As a result of this conduct, we have been ordered to post this notice. We will abide by the following: (a) WE WILL NOT take unilateral action regarding proposedchanges of employee wages, hours or terms or conditions of employment, without providing the exclusive representative with notice and opportunity to negotiate. (b) WE WILL pay to certificated employees interest at 7 percent on the amount of salary increments withheld from July 1, 1977 to the date those increments were reinstated. NEWARK UNIFIED SCHOOL DISTRICT By: ----,,--.------------ Superintendent Dated: This is an official notice. It must remain posted for 30 consecutive days from the date of posting and must not be defaced, altered or covered by any material. 6
Appendix: Notice. NOTICE TO EMPLOYEES POSTED BY ORDER OF THE PUBLIC EMPLOYMENT RELATIONS BOARD, An Agency of the State of California After a hearing in Unfair Practice Case No. S-CE-78, in which all parties had the right to participate, it had been found that the Davis Unified School District violated the Educational Employment Relations Act by taking unilateral action regarding proposed changes of employee wages and step increments, without providing the exclusive representative, California School Employees Association, with notice and opportunity to negotiate. As a result of this conduct, we have been ordered to post this notice. We will abide by the following : (a) changes of employee wages, hours or terms or conditions of employment, without providing the exclusive representative with notice and opportunity to negotiate. (b) WE WILL pay to classified employees interest at percent on the amount of salary increments withheld from July 1, 1977 to the date those increments were reinstated. DAVIS UNIFIED SCHOOL DISTRICT By : Superintendent Dated : WE WILL NOT take unilateral action regarding proposed This is an official notice. It must remain posted for 30 consecutive days from the date of posting and must not be defaced, altered or covered by any material. Appendix: Notice. NOTICE TO EMPLOYEES POSTED BY ORDER OF THE PUBLIC EMPLOYMENT RELATIONS BOARD, An Agency of the State of California After a hearing in Unfair Practice Case No. S-CE-78, in which all parties had the right to participate, it had beenfound that the Davis Unified School District violated the Educational Employment Relations Act by taking unilateral action regarding proposed changes of employee wages and step increments, without providing the exclusive representative, Californa School Employees Association, with notice and opportunity to negotiate. As a result of this conduct, we have been ordered to post this notice. We will abide by thefollowing: (a) WE WILL NOT take unilateral action regarding proposedchanges of employee wages, hours or terms or conditions of employment, without providing the exclusive representative with notice and opportunity to negotiate. (b) WE WILL pay to classified employees interest at 7 percent on the amount of salary increments withheld om July 1, 1977 to the date those increments were reinstated. DAVIS UNIFIED SCHOOL DISTRICT By: -----,,-------------- Superintendent Dated: This is an official notice. It must remain posted for 30 consecutive days from the date of ting must not f , al or cove rial. 7
Appendix: Notice. NOTICE TO EMPLOYEES POSTED BY ORDER OF THE PUBLIC EMPLOYMENT RELATIONS BOARD, An Agency of the State of California After a hearing in Unfair Practice Case No. LA-CE-180, in which all parties had the right to participate, it had been found that the Centinela Valley Union High School District violated the Educational Employment Relations Act by taking unilateral action regarding salary increments, without providing the exclusive representative, Centinela Valley Secondary Teachers Association, with notice and opportunity to negotiate. As a result of this conduct, we have been ordered to post this notice. We will abide by the following: (a) WE WILL NOT take unilateral action regarding proposed changes of employee wages, hours or terms or conditions of employment, without providing the exclusive representative with notice and opportunity to negotiate. (b) WE WILL pay to certificated employees interest at 7 percent on the amount of salary increments withheld from September 7, 1977 to the date those increments were reinstated. CENTINELA UNIFIED SCHOOL DISTRICT By : Dated : Co Appendix: Notice. NOTICE TO EMPLOYEES POSTED BY ORDER OF THE PUBLIC EMPLOYMENT RELATIONS BOARD, An Agency of the State of California After a hearing in Unfair Practice Case No. LA-CE-180, in which all parties had the right to participate, it had been found that the Centinela Valley Union High School District violated the Educational Employment Relations Act by taking unilateral action regarding salary increments, without providing the exclusive representative, Centinela Valley Secondary Teachers Association, with notice and opportunity to negotiate. As a result of this conduct, we have been ordered to post this notice. We will abide by the following: (a) WE WILL NOT take unilateral action regarding proposed changes of employee wages, hours or terms or conditions of employment, without providing the exclusive representative with notice and opportunity to negotiate. (b) WE WILL pay to certificated employees interest at 7 percent on the amount of salary increments withheld from September 7, 1977 to the date those increments were reinstated. CENTINELA UNIFIED SCHOOL DISTRICT By: ---------------- Superintendent Super intendent Dated: This is an official notice. It must remain posted for 30 consecutive days from the date of posting and must not be defaced, altered or covered by any material. This is an official notice. It must remain posted for 30 consecutive days from the date of posting and must not be de , altered or covered any material. 8
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