Mt. Diablo Unified School District (PERB 0373EA)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
MT. 	DIABLO EDUCATION ASSOCIATION,
CTA/NEA,
Charging 	Party,
APPELLANT,
and
JOHN MILLS, 	PETER MOLINO, 	CAROL YOUNG,
CATHERINE AVINGTON, 	LAURIE PETERSON
AND LES GROOBIN,
Intervenors,
v.
MT. 	DIABLO UNIFIED SCHOOL DISTRICT,
Respondent.
Case No. 	SF-CE-452
Interim 	Order
PERB Decision No. 	373a
Administrative 	Appeal
PERB Order No. 	Ad-141
June 29, 	1984
MT. 	DIABLO FEDERATION OF TEACHERS,
LOCAL 1902, CFT/AFT, AFL-CIO,
JOHN MILLS, 	PETER MOLINO, 	CAROL YOUNG,
CATHERINE AVINGTON, 	LAURIE PETERSON
AND LES 	GROOBIN,
Charging Parties,
v.
MT. 	DIABLO UNIFIED SCHOOL 	DISTRICT,
Respondent.
Case No. 	SF-CE-455
Appearances; 	Kirsten L. 	Zerger, Attorney for Mt. 	Diablo
Education Association, 	CTA/NEA.
Before Hesse, Chairperson; Jaeger, Morgenstern, 	and Burt,
Members.
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DECISION 	AND 	ORDER
JAEGER, 	Member: 	The Mt. 	Diablo Education Association
(Association) 	appeals 	the 	decision of 	the San Francisco
Regional Director 	of 	the Public Employment 	Relations Board
(PERB 	or Board) 	denying 	its 	request 	that 	the Board 	seek
immediate 	enforcement of 	its 	Order 	in Mt Diablo Unified School
District 	(12/30/83) 	PERB Decision No. 	373.
In Mt. 	Diablo Unified School District, 	supra, 	the Board
ordered 	the Mt. 	Diablo Unified School District 	(District) 	to
negotiate 	the 	impact of 	its 	decision 	to 	lay off 	employees 	and,
consistent 	with NLRB v. 	Transmarine Navigation 	(9th Cir., 	1967)
380 F.2d 933 	[65 LRRM 2861], 	ordered 	the District 	to pay
employees 	who 	were 	laid 	off 	back 	wages
from 	the 	first 	day 	the Association 	requests
to 	bargain 	following 	issuance 	of this PERB
Decision, 	until occurrence of 	the earliest
of the 	following conditions: 	(1) 	the date
the parties reach agreement; 	(2) 	the date
other statutory 	impasse 	procedure 	is
exhausted; 	(3) 	the 	failure of 	the
Association 	to 	request 	negotiations 	within
thirty 	(30) 	days of 	service of 	this
Decision; 	or 	(4) 	the 	subsequent 	failure of
the Association 	to 	negotiate 	in good 	faith.
On January 19, 	1984, 	the Association made 	its demand 	to
bargain, 	including 	a 	request 	that 	the 	District begin paying
back 	wages 	in 	a manner 	consistent 	with 	the Board's Transmarine
remedy.
22

On January 23, 	1984, 	the Association 	filed a Request 	for
Reconsideration of PERB Decision No. 	373 	pursuant 	to PERB 	rule
324101 .
Pursuant 	to 	the Association's 	bargaining 	request, 	the
parties 	met 	and 	negotiated 	on 	at 	least 	four 	occasions.
However, 	the 	District 	refused 	to comply with 	the 	back-pay
portion of 	the Board's 	Order.
On May 8, 	1984, 	the Association 	filed 	its 	request 	that 	the
Board enforce Decision No. 	373. 	On May 24, 	1984, 	the request
was 	denied.
Upon 	review of 	the Association's 	appeal 	and 	the 	entire
record 	in 	this 	case, 	the Board hereby ORDERS 	that 	the
Association's 	administrative 	appeal 	is 	DENIED. 	We 	further
ORDER that 	enforcement of 	Decision No. 	373 	is STAYED pending
our determination whether 	to grant reconsideration.2/
Chairperson Hesse 	and 	Members Morgenstern 	and Burt 	joined 	in
this Decision.
1/ PERB rules are codified at California Administrative
Code, 	title 8, 	section 31001 et seq.
2 The 	Association 	requests 	that 	the Board 	determine
whether 	employees 	are 	entitled 	to 	back-pay 	pursuant 	to our
Order 	in Decision No. 	373 	for 	the 	period 	during which
negotiations 	have 	already 	occurred. 	Given 	the 	fact 	that 	the
case 	is 	currently 	before 	the Board 	pursuant 	to 	the
Association's 	reconsideration 	request, 	and 	thus 	subject 	to
modification, 	it 	is premature 	for 	the Board 	to pass on 	this
issue.
2The
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