South Bay Union School District Board of Trustees * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * (PERB 0207EA)

STATE
	OF
	CALIFORNIA
DECISION OF THE	DECISION
	OF 	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
STATE OF CALIFORNIA
SOUTHWEST
	TEACHERS 	ASSOCIATION,
Charging Party,	
Charging
	Party,
v.
SOUTH
	BAY
	UNION
	SCHOOL
	DISTRICT
BOARD
	OF
	TRUSTEES,
Respondent.
SOUTHWEST TEACHERS ASSOCIATION,
Case	
No. 	LA-CE-382	CE-382
Request
	for
	Reconsideration
PERB
	Decision
Request for Reconsideration
No.	
207
PERB
	Decision	PERB Decision 	No.	No.	
207a
August
	19,
	1982
07a
Case No. LA-
Appearances:	Appearances: C	
Charles
	R.
	Gustafson, 	Attorney
	for
	Southwest
Teachers
	Association;
	Clifford
	D.
	Weiler, 	Attorney
	(Brown
and 	Conradi)
	for
	South
	Bay
	Union
	School
	District
	Board
	of
Trustees.
h
Before
	Jaeger,
	Morgenstern
	and
	Tovar,
	Members.	Before Jaeger, Morgenstern and Tovar, Members.
REQUEST 	FOR 	RECONSIDERATION	REQUEST FOR RECONSIDERATION
Following
	the 	issuance
	of
	the 	Public
	Employment
	Relations
Board's
	(PERB
	or
	Board)
	decision
	in
	South
	Bay
	Union
	School
District
	Board
	of
	Trustees
	(4/30/82)
	PERB
	Decision
	No.
	207,
the
	Board
	received
	a
	request 	for 	reconsideration
	from
	the
South
	Bay
	Union 	School
	District
	Board
	of 	Trustees
	(District).
Following the issuance of the Public Employment Relations
That
	request
	was 	made
	pursuant 	to
	PERB
	rule
1
32410(a)	(a) which
which
provides:	
provides:
That request was made pursuant to PERB rule 32410
Any
	party 	to
	a
	decision 	of 	the
	Board
itself
	may,
	because 	of 	extraordinarycircumstances,
	file
	a
	request 	to
reconsider 	the 	decision 	with 	theBoard
	itself
	within
	10 	days 	following
Any party to a decision of the Board
)
)
)
)
)
)
)
)
)
)
)
1 PERB
	rules 	are 	codified 	at 	California AdministrativeCode,
	title
	8, 	sections
	31000
	et 	seq.
PERB rules are codified at California Administrative
PUBLIC EMPLOYMENT RELATIONS BOARD
v .
SOUTH BAY UNION SCHOOL DISTRICT
BOARD OF TRUSTEES,
Respondent.
o. 207
2
arles R. Gustafson, Attorney for Southwest
Teachers Association; Clifford D. Weiler, Attorney (Brown
and Conradi) for South Bay Union School District Board of
Trustees.
Board's (PERB or Board) decision in South Bay Union School
District Board of Trustees (4/30/82) PERB Decision No. 207,
the Board received a request for reconsideration from the
South Bay Union School District Board of Trustees (District) .
itself may, because of extraordinary
circumstances, file a request to
reconsider the decision with the
Board itself within 10 days following
Code, title 8, sections 31000 et seq.
PERB Decision N
August 19, 1982
* * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * *

the 	date 	of 	service 	of 	the 	decision.
The 	request 	for 	reconsideration 	shall
be 	filed 	with 	the 	Executive Assistant
to 	the 	Board 	and 	shall 	state 	with
specificity 	the 	grounds 	claimed 	and,
where 	applicable, 	shall 	specify 	the
page 	of 	the 	record 	relied 	on. 	Service
and 	proof 	of 	service 	of 	the 	request
pursuant 	to 	Section 	31240 	are 	required.
the date of service of the decision.
This 	rule, 	which 	permits 	reconsideration 	because 	of
"extraordinary 	circumstances," 	has 	been 	interpreted 	in
prior 	Board 	decisions 	to 	permit 	reconsideration when 	the
Board 	finds 	that 	substantial 	errors 	of 	law or 	fact 	have
been 	demonstrated. 	Bassett 	Unified 	School 	District
(3/23/79) 	PERB 	Order 	No. 	Ad-62.
This rule, which permits reconsideration because of
DECISION AND ORDER	DECISION AND ORDER
The 	Request 	for 	Reconsideration 	is 	granted. 	We found	We 	found
that 	the 	unfair 	practice 	committed by 	the 	District was 	its
failure 	to 	negotiate 	the 	impact 	of 	its 	decision 	to 	abolish
the 	lead 	teacher 	positions 	in 	question. 	Given 	this 	legal
conclusion, 	upon 	reconsideration, 	we 	hereby 	amend 	the
back-pay 	portion of 	the 	Order 	attached 	to 	the 	original
.
The Request for Reconsideration is granted.
2 We 	herein 	ORDER 	the 	District 	to 	bargain with
the 	Southwest 	Teachers 	Association 	(Association), 	upon
d ecision.	decision." We herein ORDER the District to bargain with
The Board's decision to grant the District's request
2The 	Board's 	decision 	to 	grant 	the 	District's 	request
for	for reconsideration is based on its view that a more	reconsideration 	is 	based 	on 	its 	view 	that 	a 	more
appropriate 	remedy 	is 	required. 	This 	is 	not 	based on 	the
District's 	allegations 	concerning 	its 	request 	to 	bargain
subsequent 	to 	the 	hearing 	officer's 	proposed 	decision 	but
before 	the 	Board 	issued 	its 	final 	decision.
appropriate remedy is required. This is not based on the
22
The request for reconsideration shall
be filed with the Executive Assistant
to the Board and shall state with
specificity the grounds claimed and,
where applicable, shall specify the
page of the record relied on. Service
and proof of service of the request
pursuant to Section 31240 are required.
"extraordinary circumstances, " has been interpreted in
prior Board decisions to permit reconsideration when the
Board finds that substantial errors of law or fact have
been demonstrated. Bassett Unified School District
(3/23/79) PERB Order No. Ad-62.
that the unfair practice committed by the District was its
failure to negotiate the impact of its decision to abolish
the lead teacher positions in question. Given this legal
conclusion, upon reconsideration, we hereby amend the
back-pay portion of the Order attached to the original
.
the Southwest Teachers Association (Association) , upon
District's allegations concerning its request to bargain
subsequent to the hearing officer's proposed decision but
before the Board issued its final decision.

request,
	over
	the
	effects
	of 	the
	decision
	to
	alter
	the
work
	assignment
	of 	lead 	teachers
	and
	to
	pay
	to 	the
affected
	employees
	a
	rate
	of
	pay
	which
	reflects
	the
	pro
rata
	share
	of
	their
	salary
	commensurate
	with
	their
	duties
as 	lead 	teachers
request, over the effects of the decision to alter the
3	
from
	ten
	days
	of
	the 	date 	of
	service
of
	this
	decision
	until
	the 	occurrence
	of
	the
	earliest
	of
the 	following
	conditions:
	(1)
	the 	date 	the
	District
negotiates
	an
	agreement
	with 	the 	Association
	over
	the
effects
	of
	the
	decision
	to
	alter
	job
	duties
	of 	lead
teachers; 	(2)
	a	
bona
	fide
	impasse
	is
	declared;
	(3)
	the
failure
	of 	the 	Association 	to 	request 	negotiations
	within
ten
	days
	of 	service 	of
	this
	decision
	or
	to
	commence
negotiations 	within
	four 	days
	of 	the
	District's
	notice	
of
its
	desire
	to
	negotiate
	with 	the
	Association;
	or
	{4)
	the
subsequent
	failure
	of 	the 	Association 	to 	negotiate 	in
	good
faith.
	In
	no
	event
	shall
	the
	sum
	paid 	to
	any
	of 	these
employees 	exceed
	the 	pro
	rata
	amount
	they
	would
	have
earned 	as	
lead 	teachers
	from
	the 	date
	on 	which
	the
District 	altered
	the 	lead 	teachers
1
	positions
	to 	the
time 	they 	secured 	or 	refused 	equivalent	
employment
elsewhere.
	However,
	in
	no
	event	
shall 	this	
sum be
	less
than	
these	
employees
	would 	have	
earned 	for
	a 	two-week
of this decision until the occurrence of the earliest of
3	3 The 	pro	
rata	
share
	shall 	reflect	
both 	the 	lead
teacher	
differential
	and
	the 	extra	
day 	assignment.
The pro rata share shall reflect both the lead
3
work assignment of lead teachers and to pay to the
affected employees a rate of pay which reflects the pro
rata share of their salary commensurate with their duties
as lead teachers3 from ten days of the date of service
the following conditions: (1) the date the District
negotiates an agreement with the Association over the
effects of the decision to alter job duties of lead
teachers; (2) a bona fide impasse is declared; (3) the
failure of the Association to request negotiations within
ten days of service of this decision or to commence
negotiations within four days of the District's notice of
its desire to negotiate with the Association; or (4) the
subsequent failure of the Association to negotiate in good
faith. In no event shall the sum paid to any of these
employees exceed the pro rata amount they would have
earned as lead teachers from the date on which the
District altered the lead teachers' positions to the
time they secured or refused equivalent employment
elsewhere. However, in no event shall this sum be less
than these employees would have earned for a two-week
teacher differential and the extra day assignment.

period
	at
	the
	rate
	of
	pay
	when
	employed
	as
	lead 	teachers	period at the rate of pay when employed as lead teachers
prior
	to 	the
	District's
	unilateral
	action.	prior to the District's unilateral action." 4
We
	further
	ORDER
	that
	the
	District
	shall:	We further ORDER that the District shall:
1 .	
Prepare
	and
	post
	copies
	of
	the
	notice 	attached
hereto
	as
	Appendix
	"A"
	within 	ten
	(10)
	workdays
	following
service
	at
	each
	of
	its
	work
	sites
	for
	thirty
	(30)
	workdays
in
	conspicuous
	places, 	including
	all
	locations
	where
notices 	to
	certificated
	employees
	are 	customarily 	posted.
1.
2.
	Hithin 	ten
	(10)
	workdays
	after
	the
	end
	of
	the
posting 	period, 	notify 	the
	Los
	Angeles 	Regional
	Director
of 	the 	Public
	Employment
	Relations
	Board,
	in writing, 	of
By : Marty Morgenstern, Member
~~
John
	W.
	Jaeger,
	Member
2.
John W. Jaeger, Member
Irene
	Tovar,
	Member	Irene Tovar, Member
4
see 	Transmarine 	Navigation 	Corporation 	(1968)
170 	NLRB 	389 	[67
	LRRM
	1419]; 	Solano 	County 	Community 	College
District 	(6/30/82) 	PERB 	Decision 	No. 	219.
See Transmarine Navigation Corporation (1968)
4
Prepare and post copies of the notice attached
hereto as Appendix "A" within ten (10) workdays following
service at each of its work sites for thirty (30) workdays
in conspicuous places, including all locations where
notices to certificated employees are customarily posted.
Within ten (10) workdays after the end of the
posting period, notify the Los Angeles Regional Director
of the Public Employment Relations Board, in writing, of
170 NLRB 389 [67 LRRM 1419] ; Solano County Community College
District (6/30/82) PERB Decision No. 219.

APPENDIX A NOTICE 	TO 	EMPLOYEES
POSTED 	BY ORDER OF 	THE
PUBLIC EMPLOYMENT 	RELATIONS 	BOARD
An Agency of 	the 	State 	of California
NOTICE TO EMPLOYEES
After 	a 	hearing 	in 	Case 	No. 	LA-CE-382, 	Southwest 	Teachers
Association 	v. 	South 	Bay 	Union 	School 	District 	Board of
Trustees, 	in which 	both 	parties 	had 	the 	right 	to 	participate,
it 	has 	been 	found 	that 	the 	South Bay 	Union 	School 	District
Board of 	Trustees 	violated 	the 	Educational 	Employment 	Relations
Act 	(Government 	Code 	subsections 	3543.S(a), 	(b) 	and 	(c)) 	by
taking 	unilateral 	action 	changing 	wages 	and hours 	of 	employment
of 	employees 	who 	are 	lead 	teachers 	and 	represented 	by 	the
Southwest 	Teachers Association. 	As 	a 	result 	of 	this 	conduct,
we 	have 	been 	ordered 	to 	post 	this 	notice. 	We 	will 	abide 	by
the 	following:
After a hearing in Case No. LA-CE-382, Southwest Teachers
A. 	CEASE AND 	DESIST 	FROM:	A.
1. 	Failing 	and 	refusing 	to 	meet 	and 	negotiate 	in 	good
faith 	with 	the 	exclusive 	representative 	by 	taking 	unilateral
action 	on matters 	within 	the 	scope 	of 	representation.
1.
2. 	Denying 	the 	Association 	its 	right 	to 	represent 	unit
members 	by 	failing 	and 	refusing 	to 	meet 	and 	negotiate 	about
matters 	within 	the 	scope 	of 	representation.
2.
3. 	Interfering with 	employees' 	right 	to 	select 	an
exclusive 	representative 	to 	meet 	and 	negotiate 	with 	the
employer 	on 	their behalf by 	unilaterally 	changing matters
within 	the 	scope 	of 	representation.
3
A	APPENDIX
1
. 	Interfering with employees' right to select an
exclusive representative to meet and negotiate with the
employer on their behalf by unilaterally changing matters
within the scope of representation.
POSTED BY ORDER OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
An Agency of the State of California
Association v. South Bay Union School District Board of
Trustees, in which both parties had the right to participate,
it has been found that the South Bay Union School District
Board of Trustees violated the Educational Employment Relations
Act (Government Code subsections 3543.5 (a) , (b) and (c) ) by
taking unilateral action changing wages and hours of employment
of employees who are lead teachers and represented by the
Southwest Teachers Association. As a result of this conduct,
we have been ordered to post this notice. 	We will abide by
the following:
CEASE AND DESIST FROM:
Failing and refusing to meet and negotiate in good
faith with the exclusive representative by taking unilateral
action on matters within the scope of representation.
Denying the Association 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 WHICH ARE
NECESSARY TO 	EFFECTUATE 	THE 	POLICIES 	OF 	THE 	EDUCATIONAL
EMPLOYMENT 	RELATIONS 	ACT:
B
1. 	Negotiate, 	upon 	request, 	with 	the 	Southwest
Teachers 	Association 	over 	the 	effects 	of 	the 	decision 	to
alter 	the 	work 	assignment 	of 	lead 	teachers.
1
2. 	Reimburse 	the 	affected 	employees 	at 	a 	rate 	of 	pay
which 	reflects 	the 	pro 	rata 	share 	of 	their 	salary
commensurate 	with 	their 	duties 	as 	lead 	teachers 	from 	ten
(10) 	days 	of 	the 	date 	of 	service 	of 	this 	decision 	until 	the
occurrence 	of 	the 	earliest 	of 	the 	following 	conditions:
2.
a. 	The 	date 	the 	District 	negotiates 	an 	agreement
with 	the 	Association 	over 	the 	effects 	of 	the 	decision
to 	alter 	job duties 	of 	lead 	teachers.
a.
b. 	A bona 	fide 	impasse 	is 	declared.	b.
c. 	The 	failure 	of 	the 	Association 	to 	request
negotiations 	within 	ten 	(10} 	days 	of 	service 	of 	this
decision 	or 	to 	commence 	negotiations 	within 	four 	(4)
days 	of 	the 	District's 	notice 	of 	its 	desire 	to
negotiate 	with 	the 	Association.
c.
d. 	The 	subsequent 	failure 	of 	the 	Association 	to
negotiate 	in 	good 	faith.
d.
In 	no 	event 	shall 	the 	sum paid 	to 	any 	of 	these 	employees
exceed 	the 	pro 	rata 	amount 	they 	would 	have 	earned 	as 	lead
teachers 	from 	the 	date 	on 	which 	the 	District 	altered
the 	lead 	teachers 1 	positions 	to 	the 	time 	they 	secured 	or
refused 	equivalent 	employment 	elsewhere. 	However, 	in
In no event shall the sum paid to any of these employees
22
. 	TAKE THE FOLLOWING AFFIRMATIVE ACTIONS WHICH ARE
NECESSARY TO EFFECTUATE THE POLICIES OF THE EDUCATIONAL
EMPLOYMENT RELATIONS ACT:
. 	Negotiate, upon request, with the Southwest
Teachers Association over the effects of the decision to
alter the work assignment of lead teachers.
Reimburse the affected employees at a rate of pay
which reflects the pro rata share of their salary
commensurate with their duties as lead teachers from ten
(10) days of the date of service of this decision until the
occurrence of the earliest of the following conditions:
The date the District negotiates an agreement
with the Association over the effects of the decision
to alter job duties of lead teachers.
A bona fide impasse is declared.
The failure of the Association to request
negotiations within ten (10) days of service of this
decision or to commence negotiations within four (4)
days of the District's notice of its desire to
negotiate with the Association.
The subsequent failure of the Association to
negotiate in good faith.
exceed the pro rata amount they would have earned as lead
teachers from the date on which the District altered
the lead teachers' positions to the time they secured or
refused equivalent employment elsewhere. However, in

no 	event 	shall 	this 	sum be 	less 	than 	these 	employees 	would
have 	earned 	for 	a 	two-week 	period 	at 	the 	rate 	of 	pay 	when
employed 	as 	lead 	teachers 	prior 	to 	the 	District's
unilateral 	action.
no event shall this sum be less than these employees would
3. 	Pay, 	in 	addition 	to 	the 	amounts 	specified 	in
subparagraph 	2 	above, 	seven 	(7) 	percent 	interest per 	annum
on 	the 	amount 	owing 	to 	each 	employee, 	measured 	by 	the
duration 	described 	in 	subparagraph 	2.
3.
Dated:	Dated : 	South 	Bay 	Union 	School 	District
Board 	of 	Trustees
South Bay Union School District
By
Authorized 	Agent
By
THIS 	IS 	AN 	OFFICIAL 	NOTICE. 	IT MUST 	REMAIN 	POSTED 	FOR AT
LEAST 	30 	WORKDAYS 	FROM 	THE 	DATE 	OF 	THIS 	POSTING AND MUST
NOT 	BE DEFACED, 	ALTERED; 	OR COVERED 	BY 	ANY MATERIAL.
THIS IS AN OFFICIAL NOTICE. IT MUST REMAIN POSTED FOR AT
33
have earned for a two-week period at the rate of pay when
employed as lead teachers prior to the District's
unilateral action.
Pay, in addition to the amounts specified in
subparagraph 2 above, seven (7) percent interest per annum
on the amount owing to each employee, measured by the
duration described in subparagraph 2.
Board of Trustees
Authorized Agent
LEAST 30 WORKDAYS FROM THE DATE OF THIS POSTING AND MUST
NOT BE DEFACED, ALTERED, OR COVERED BY ANY MATERIAL.