PERB Order No. A141E•Mt. Diablo Unified School District (PERB A141E)
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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-45i 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 A~pearances: Kirsten L. Zerger, Attorney for Mt. Diablo E ucation Association, CTA/NEA. Before Hesse, Chairperson; Jaeger, Morgenstern, and Burt, Members.
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 Unifed 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~ 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 thi PERB Decision, until occurrence of the earliest of the following conditions: (1) the date the parties reach agreement; (2) the date othe 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. 2
On January 23, 1984, the Association filed a Request for Reconsideration of PERB Decision No. 373 pursuant to PERB rule 32410 1 . 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. lpERB rules are codified at California Administrative Code, title 8, section 31001 et seq. 2The Association requests that the Board determinewhether employees are entitled to back-pay pursuant to ourOrder 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 thisissue. 3
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