Redondo Beach City School District (PERB 0140E)

STATE 	OF CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT RELATIONS 	BOARD
EARLY 	CHILDHOOD 	FEDERATION
OF TEACHERS, LOCAL 1475, AFT,
Charging 	Party,
v.
REDONDO 	BEACH CITY 	SCHOOL
DISTRICT,
Respondent, APPELLANT.
Case No. 	LA-CE-1142
PERB Decision No. 	140
October 	14, 	1980
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Appearances: 	Lawrence Rosenzweig, 	Attorney 	(Levy 	& Goldman)
for 	early Childhood Federation of Teachers, 	Local 1475, AFT;
David G. 	Miller, 	Attorney 	for 	Redondo Beach City School
District.
Before Gluck, Chairperson; Moore, Member
DECISION 	AND 	ORDER
This 	case 	comes 	before 	the 	Public Employment 	Relations
Board 	(hereafter 	PERB or 	Board) 	on exceptions 	taken 	by 	the
Redondo 	Beach City School District 	(hereafter 	District) 	to 	the
hearing officer's proposed 	decision. 	The District 	excepts 	to
the 	hearing 	officer's 	finding 	that 	the 	District violated
sections 	3543.5(b) 	and 	(c) 	of 	the Educational Employment
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Relations 	Actl by 	refusing 	to meet 	and 	negotiate 	with 	the
Early Childhood Federation, 	Local 	1475, 	AFT.
The 	Board 	has 	considered 	the 	record 	and 	the 	proposed
decision 	in 	light 	of 	the 	District's 	exceptions 	and 	brief, 	and
affirms 	the 	hearing officer's 	findings 	of 	fact, 	discussion, 	and
conclusions 	of 	law. 	The 	proposed 	order 	of 	the 	hearing 	officer
is 	adopted 	as 	the 	order 	of 	the 	Board 	itself.
PER 	CURIAM
1-The 	Educational 	Employment 	Relations 	Act 	is 	codified 	at
Government 	Code 	Section 	3540 	et 	seq.
Sections 3543.5 (b) 	and 	(c) 	provide:
It 	shall 	be 	unlawful 	for 	a public 	school
employer 	to:
(b) 	Deny 	to employee organizations 	rights
guaranteed 	to 	them 	by 	this 	chapter.
(c) 	Refuse or 	fail 	to meet 	and 	negotiate 	in
good 	faith 	with 	an 	exclusive 	representative.
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PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
OF 	THE 	STATE OF 	CALIFORNIA
EARLY 	CHILDHOOD 	FEDERATION
OF TEACHERS, LOCAL 1475, AFT,
Charging 	Party,
v.
REDONDO 	BEACH 	CITY 	SCHOOL
DISTRICT,
Respondent.
Unfair 	Practice
Case No. 	LA-CE-1142
PROPOSED 	DECISION
(5/30/80)
Appearances; 	Lawrence Rosenzweig, 	Attorney 	(Levy 	& Goldman)
for Early Childhood Federation of Teachers, 	Local 1475, 	AFT;
David B. Miller, 	Attorney 	(Paterson & Taggart) 	for Redondo
Beach 	City School 	District.
Before Bruce Barsook, 	Hearing Officer.
PROCEDURAL 	HISTORY
On April 	22, 	1980, 	the Early Childhood Federation of
Teachers, 	Local 1475, AFT 	(hereafter Federation) 	filed an
unfair 	practice 	charge 	against 	the Redondo Beach City 	School
District 	(hereafter 	District) 	alleging 	a 	violation of 	section
3543.5 (b) 	and 	(c) 	of 	the Educational Employment Relations Act
(hereafter EERA)1 . 	The basis of 	the charge 	is 	the District's
refusal 	to meet 	and 	negotiate 	with 	the Federation.
1 The 	EERA 	is 	codified 	at Government Code 	section 	3540 	et
seq. 	All 	statutory 	references 	are 	to 	the Government Code
unless 	otherwise 	specified.
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The District 	filed 	its 	answer 	on May 13, 	1980 	and on
May 	23 	a formal 	hearing was 	held. 	No briefs 	were 	filed 	by 	the
parties 	and 	so the matter 	was 	submitted 	as of May 23, 	1980.
FINDINGS 	OF FACT
The material 	facts 	in this case 	are 	not 	in dispute. 	The
Federation 	is 	the 	exclusive 	representative 	of 	all 	children's
center 	teachers 	in the District.2 On April 	15, 	1980 	the
Federation made 	a 	request 	to 	the District 	to meet 	and
negotiate. 	By letter 	dated April 	17, 	1980 	and 	signed 	by
David Miller, 	attorney for 	the District, 	the District 	notified
the Federation of 	its 	refusal 	to meet 	and 	negotiate 	on 	the
grounds 	that 	the Federation 	did 	not 	represent 	a 	unit
appropriate 	for 	negotiating.
ISSUE
1. 	Whether 	the District's 	refusal 	to meet 	and 	negotiate
violates 	the EERA.
CONCLUSIONS 	OF 	LAW
The Federation 	argues 	that 	the 	actions 	of 	the District
constitute 	a 	refusal 	to meet 	and 	negotiate 	and 	therefore 	a
2 In writing 	this 	decision 	the 	hearing 	officer 	has 	taken
official 	notice of 	representation case 	file LA-R-430B. 	That
case 	file discloses 	that: 	the District 	is 	a public school
employer 	within 	the meaning of 	the EERA; 	the Federation 	is 	an
employee 	organization within 	the meaning 	of 	the 	EERA; 	pursuant
to 	an order 	by 	the 	Public Employment Relations Board 	(Redondo
Beach City School District 	(1/17/80) 	PERB Decision No. 	114), 	a
representation election was 	held 	in 	the 	unit; 	the Federation
received 	a majority of 	valid votes 	cast; 	and was 	certified 	by
PERB as 	the exclusive 	representative on April 	15, 	1980.
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violation of 	section 3543.5(b) 	and 	(c). 	Section 	3543.5(b) 	and
(c) provides:
It 	shall 	be 	unlawful 	for 	a public 	school
employer 	to:
(b) 	Deny 	to 	employee 	organizations 	rights
guaranteed 	to 	them 	by 	this 	chapter.
(c) 	Refuse 	or 	fail 	to meet 	and 	negotiate 	in
good 	faith 	with 	an 	exclusive 	representative.
The District's 	sole 	defense 	is 	that 	the 	PERB's 	decision 	in
Redondo Beach 	City School 	District 	(1/17/80) 	PERB Decision No.
114, 	was 	incorrectly decided 	in 	that 	a 	unit 	of 	children's
center 	teachers 	is 	inappropriate 	for 	negotiating.
In 	the 	absence 	of 	the 	presentation of 	newly 	discovered 	or
previously 	unavailable 	evidence 	or 	special 	circumstances
relitigation 	of 	PERB's 	unit 	determination 	is 	not 	warranted.
PERB's 	unit 	determination 	is 	therefore 	binding 	precedent.
Since 	the Federation was 	the 	exclusive 	representative 	of 	an
appropriate 	unit, 	the District's 	admitted 	refusal 	to meet 	and
negotiate 	constitutes 	a violation of 	section 	3543.5(c).
In 	addition 	to 	alleging 	a 	violation of 	section 	3543.5(c),
the 	Federation 	has 	also 	alleged 	that 	the District's 	action
violates 	section 	3543.5(b). 	In San Francisco Community College
District 	(10/12/79) 	PERB Decision No. 	105, 	the PERB held 	that
section 	3543.5(b) 	was 	a derivative 	violation of 	a section
3543.5 (c) 	violation. 	Consequently, 	the District 	has 	also
violated 	section 	3543.5(b) 	in addition 	to section 3543.5(c).
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REMEDY
Under Government Code section 3541.5(c), 	the Public
Employment 	Relations Board 	is 	given:
. 	. 	. 	the power 	to issue a decision and
order 	directing 	an 	offending 	party 	to 	cease
and 	desist 	from 	the 	unfair 	practice 	and 	to
take 	such 	affirmative 	action, 	. . . 	as 	will
effectuate 	the 	policies 	of 	this 	chapter.
Having 	found 	that 	the District 	has 	engaged 	in 	and 	is
engaging 	in 	unfair 	practices 	within 	the meaning 	of 	section
3543.5(b) 	and 	(c) 	of the EERA, 	the District is ordered 	to cease
and 	desist 	therefrom, 	and, 	upon request, meet 	and negotiate
with 	the Federation 	as 	the 	exclusive 	representative 	of 	all
employees 	in 	the 	appropriate 	unit, 	and 	if 	an 	understanding 	is
reached, 	embody 	such 	understanding 	in 	a signed 	agreement.
Furthermore, 	in order 	that 	the 	employees 	in 	the 	appropriate
unit 	will 	be 	accorded 	the 	services 	of 	their 	selected
representative 	for 	the 	period 	provided 	by law, 	the 	initial
period 	of 	certification 	shall 	be 	construed 	as 	beginning 	on 	the
date 	the District 	commences 	to 	negotiate 	in 	good 	faith 	with 	the
Federation 	as 	the 	recognized 	exclusive 	representative 	in 	the
appropriate unit. 	See Mar-Jac Poultry Co., 	Inc. 	(1962) 	136
NLRB 785; 	Commerce Co. 	d/b/a Lamar Hotel 	(1962) 	140 NLRB 226,
229, 	enfd. 	(5th Cir. 	1964) 	328 F.2d 600, cert. denied 	(1964)
379 U.S. 817.
It 	is 	also appropriate 	that 	the District 	be 	required 	to
post 	a 	notice 	incorporating 	the 	terms 	of 	the 	order. 	Posting of
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such 	a 	notice 	will 	provide 	employees 	with 	notice 	that 	the
District 	has 	acted 	in 	an 	unlawful manner 	and 	is 	being 	required
to 	cease 	and 	desist 	from 	this 	activity 	and 	to 	restore 	the
status 	quo. 	It 	effectuates 	the 	purposes 	of 	the EERA that
employees 	be 	informed of 	the 	resolution of 	the 	controversy 	and
will 	announce 	the District's 	readiness 	to 	comply with 	the
ordered 	remedy. 	See Placerville Union School District
(9/18/78) 	PERB Decision No. 	69. 	In Pandol and Sons v. 	ALRB and
UFW 	(1979) 	98 Cal.App.3d 580, 	587, 	the California District
Court 	of Appeal 	approved 	a posting 	requirement. 	The U.S.
Supreme Court 	approved 	a 	similar 	posting 	requirement 	in NLRB v.
Express Publishing Co. 	(1941) 	312 U.S. 	426 	[8 LRRM 415].
PROPOSED 	ORDER
Upon 	the 	foregoing 	findings 	of 	fact 	and 	conclusions 	of 	law,
and 	the 	entire 	record 	in 	this 	case, 	and 	pursuant 	to Government
Code section 3541.5(c), 	it 	is hereby ordered that the Redondo
Beach City School District, 	its 	governing 	board 	and 	its
representatives 	shall:
A. 	CEASE AND DESIST FROM:
1. 	Failing 	and 	refusing 	to meet 	and 	negotiate 	in good
faith 	with 	the 	exclusive 	representative, 	Early Childhood
Federation of Teachers, Local 1475, AFT.
2. 	Denying 	the Federation 	its 	right 	to represent 	unit
members 	by 	failing 	and 	refusing 	to meet 	and 	negotiate 	about
matters 	within 	the 	scope of 	representation.
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B. 	TAKE 	THE FOLLOWING AFFIRMATIVE ACTIONS 	DESIGNED TO
EFFECTUATE 	THE PURPOSES 	OF THE EERA:
1. 	Upon 	request, 	meet 	and 	negotiate with 	the 	above-named
employee organization 	as 	the exclusive 	representative 	of 	all
children's center 	teachers, 	and, 	if 	an understanding 	is
reached, 	embody such 	understanding 	in 	a 	signed 	agreement.
2. 	Within five 	days of 	the 	date 	the 	proposed decision
becomes final, 	post 	at all 	school 	sites, 	and all other work
locations 	where 	notices 	to employees 	customarily 	are 	placed,
copies 	of 	the 	notice 	attached 	as 	an 	appendix 	hereto. 	Such
posting 	shall 	be maintained 	for 	a period 	of 	thirty 	(30)
consecutive work 	days. 	Reasonable 	steps 	shall 	be 	taken 	to
ensure 	that 	said notices 	are 	not 	altered, 	defaced or 	covered 	by
any 	other 	material.
3. 	Notify the Los Angeles Regional Director 	of 	the Public
Employment Relations Board, 	in writing, 	of 	the 	action to comply
with 	this 	order 	at 	the 	end 	of 	the 	posting 	period.
Pursuant 	to California Administrative Code, 	title 8, 	part
III, 	section 32305, 	this Proposed Decision and Order 	shall
become 	final on 	June 19, 	1980 unless 	a party 	files 	a timely
statement of exceptions. 	See California Administrative Code,
title 8, 	part 	III, 	section 32300. 	Such statement of exceptions
and 	supporting 	brief 	must 	be 	actually 	received 	by 	the 	Executive
Assistant 	to 	the Board 	at 	the 	headquarters 	office 	of 	the 	Public
Employment Relations Board 	in Sacramento before 	the 	close 	of
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business (5:00 p.m. ) on June 19,' 1980 in order to be timely	business 	(5 : 00 p . m.) 	on 	June 	19 ,' 	1980 	in order 	to be 	timely
filed.	filed. 	See California Administrative Code, title 8, part III,	See 	California Administrative Code, 	title 	8, 	part 	III,
section 32135. Any statement of exceptions and supporting	section 	32135. 	Any 	statement 	of 	exceptions 	and 	supporting
brief must be served concurrent with its filing upon each party	brief 	must 	be 	served 	concurrent 	with 	its 	filing 	upon 	each party
to this proceeding.	to 	this 	proceeding. 	Proof of service shall be filed with the	Proof 	of 	service 	shall 	be 	filed 	with 	the
Board itself. See California Administrative Code, title 8,	Board 	itself. 	See 	California Administrative 	Code, 	title 	8,
part III, sections 32300 and 32305, as amended.	part 	III, 	sections 	32300 	and 	32305, 	as 	amended.
Dated: May 30, 1980
BRUCE BARSOOK
Hearing Officer
Dated : 	May 	30, 	1980
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BRUCE 	BARSOOK
Hearing 	Officer

APPENDIX
NOTICE 	TO EMPLOYEES
POSTED 	BY 	ORDER OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
An Agency of 	the 	State 	of 	California
After 	a hearing 	in 	the 	unfair 	practice Case No. 	LA-CE-1142
in which all parties 	had 	the 	right 	to participate, 	it 	has 	been
found 	that 	the 	Redondo Beach 	City School 	District 	has 	violated
section 	3543.5(c) 	of 	the Educational Employment Relations Act
(EERA) 	by 	refusing 	to meet 	and 	negotiate 	in good 	faith with 	the
Early Childhood Federation of Teachers, 	Local 	1475, 	American
Federation of Teachers.
It 	has 	also 	been 	found 	that 	this 	same 	conduct 	has 	violated
section 	3543.5 (b) 	of 	the EERA since 	it 	interfered with 	the
right 	of 	the Federation 	to represent 	its members.
As 	a 	result of 	this 	conduct, 	we 	have 	been ordered 	to post
this Notice, 	and we will 	abide 	by 	the 	following:
A. 	CEASE AND DESIST FROM:
1. 	Failing 	and 	refusing 	to meet 	and 	negotiate 	in good
faith 	with 	the 	exclusive 	representative, 	Early Childhood
Federation of Teachers, 	Local 1475, AFT.
2. 	Denying 	the Federation 	its 	right 	to represent 	unit
members 	by 	failing 	and 	refusing 	to meet 	and 	negotiate 	about
matters 	within 	the 	scope 	of 	representation.
B. 	TAKE THE FOLLOWING AFFIRMATIVE ACTIONS DESIGNED TO
EFFECTUATE THE POLICIES 	OF THE EERA:
1. 	Upon 	request, 	meet 	and 	negotiate with 	the 	above-named
employee 	organization 	as 	the 	exclusive 	representative 	of 	all
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children's 	center 	teachers, 	and, 	if 	an understanding is
reached, 	embody 	such 	understanding 	in 	a 	signed 	agreement.
DATED: 	REDONDO BEACH 	CITY 	SCHOOL 	DISTRICT
By- Superintendent
THIS 	IS AN 	OFFICIAL NOTICE. 	IT MUST REMAIN POSTED FOR THIRTY
(30) 	CONSECUTIVE WORK DAYS 	FROM THE DATE OF POSTING AND MUST
NOT BE DEFACED, 	ALTERED OR COVERED BY ANY MATERIAL.
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