San Leandro Unified School District (PERB 0450E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
SAN LEANDRO SCHOOLS RETIREE ACTION
ASSOCIATION,
Charging Party,
v.
SAN LEANDRO UNIFIED SCHOOL DISTRICT,
Respondent.
)
)
)
)
)
)
)
)
Case No. SF-CE-943
PERB Decision No. 450
December 6, 1984
)
)
____________________)
Appearance: Robert J. Bezemek, Attorney for San Leandro
Schools Retiree Action Association.
Before Hesse, Chairperson; Jaeger and Morgenstern, Members.
DECISION
MORGENSTERN, Member: The San Leandro Schools Retiree
Action Association (Retiree Association) seeks review of the
Public Employment Relations Board's regional attorney's
dismissal of its unfair practice charge levied against the San
Leandro Unified School District (District).
FACTUAL ALLEGATIONS
The unfair practice charge filed by the Retiree Association
claimed that the District violated section 3543.S{c) of the
Educational Employment Relations Act {EERA) 1 when it
negotiated with the exclusive representatives of the
lEERA is codified at Government Code section 3540 et
seq. All references herein are to the Government Code unless
otherwise indicated.

certificated, 	classified, 	supervisory 	and 	managerial 	employees
over 	contract 	provisions 	dealing 	with 	the 	health 	benefits 	of
retired 	employees.
Paragraph 	two 	of 	the 	charge 	alleged:
Charging 	party 	contends 	that 	the 	District 	was
not 	entitled 	by 	law 	to 	attempt 	to 	negotiate
or 	negotiate 	said 	collective 	bargaining
proposals 	dealing 	with 	the 	health 	benefits 	of
ret~red 	employees 	because 	such 	retired
employees 	are 	not 	members 	of 	the 	established
collective 	bargaining ·units. 	Charging 	party
further 	contends 	that 	the 	District 	insisted
in 	negotiations 	with 	the 	above-mentioned
organizations 	that 	language 	be 	included 	in
the 	collective 	bargaining 	agreements 	which
caused 	retirees 	to 	have 	to 	assume 	certain
costs 	of 	health 	benefit 	coverage, 	which 	they
previously 	were 	not 	required 	to 	pay.
The 	charge 	indicates 	that 	the 	Retiree 	Association
exists 	for 	the 	purposes 	of 	representing
retired 	employees 	to 	the 	San 	Leandro 	Unified
School 	District 	in 	their 	effort 	to 	reverse
the 	•.• 	decision 	to 	change 	health 	benefit.
costs 	.••.
The 	charge 	also 	asserts 	as 	follows:
The 	Association 	is 	an 	unincorporated
Association, 	and 	it 	has 	never 	been 	recognized
by 	the 	District 	as 	an 	employee 	organization
within 	the 	meaning 	of 	the 	Act.
Charging 	party 	herein 	represents 	only 	retired
employees 	who 	retired 	prior 	to 	the 	effective
date 	of 	the 	reoently 	approved 	collective
bargaining 	agreements 	which 	have 	the 	changes
in 	it 	which 	are 	the 	issue 	in 	this 	Unfair
Practice 	Charge. 	Charging 	party 	does 	not
represent 	any 	employees 	who 	have 	retired 	or
will 	retire 	under 	the 	new 	collective
bargaining 	agreement. 	Charging 	party
contends 	that 	the 	District 	attempted 	to 	cause
exclusive 	bargaining 	representatives 	to
negotiate 	over 	an 	illegal 	subject 	of
bargaining 	outside 	the 	scope 	of
2

representation 	solely 	because 	the 	exclusive
bargaining 	representatives 	did 	not 	represent
employees 	who 	had 	already 	retired 	under 	the
previous 	collective 	bargaining 	agreements.
It 	was 	a 	violation 	of 	the 	employers'
responsibility 	to 	bargain 	in 	good 	faith 	to
seek 	to 	compel 	such 	negotiations, 	and 	then
to 	negotiate 	and 	requiring 	inclusion 	in 	the
collective 	bargaining 	agreements 	of 	such
causes 	at 	issue 	here.
Based 	on 	the 	allegations 	contained 	in 	the 	charge, 	on
September 	2a; 	1984, 	the 	San 	Francisco 	regional 	attorney 	refused
to 	issue 	a 	complaint 	and 	dismissed 	the 	Retiree 	Association's
charge. 	His 	dismissal 	was 	based 	on 	the 	fact 	that: 	(1) 	the
Retiree 	Association 	is 	not 	an 	employee 	organization 	within 	the
definition 	of 	EERA 	section 	3540.l(d); 	(2) 	the 	Retiree
Association 	does 	not 	represent 	employees; 	and 	(3) 	charging
party 	has 	no 	standing 	to 	object 	to 	negotiations 	between 	the
District 	and 	the 	exclusive 	representatives 	of 	established
bargaining 	units.
DISCUSSION
Section 	3541.S(a) 	provides 	that 	an 	unfair 	practice 	charge
may 	be 	filed 	by 	"any 	employee, 	employee 	organization 	or
employer." 	As 	determined 	by 	the 	regional 	attorney, 	a 	single
retiree 	does 	not 	fit 	the 	definition 	of 	''employee," 	which 	is
defined 	by 	EERA 	to 	mean 	"any 	person 	employed 	by 	any 	public
school 	employer" 	(3540.l(j)}. 	Similarly, 	the 	Retiree
Association 	is 	not 	an 	"employee 	organization" 	as 	defined 	by
EERA 	to 	be 	"any 	organization 	which 	includes 	employees 	of 	a
public 	school 	employer 	and 	which 	has 	as 	one 	of 	its 	primary
3

purposes 	representing 	such 	employees 	in 	their 	relations 	with
that 	public 	school 	employer" 	{3540.l{d)). 	The 	Retiree
Association, 	therefore, 	lacks 	standing 	to 	file 	an 	unfair
practice 	charge.
ORDER
Based 	on 	the 	foregoing, 	the 	regional 	attorney's 	dismissal
of 	the 	instant 	charge 	is 	AFFIRMED.
Chairperson 	Hesse 	and 	Member 	Jaeger 	joined 	in 	this 	Decision.
4