Strathmore Union Elementary School District (PERB 1273E)

STATE
	OF
	CALIFORNIA
DECISION
	OF
	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
STRATHM:ORE
	ELEMENTARY
	TEACHERS
ASSOCIATION,
Charging
	Party,
v.
STRATHM:ORE
	UNION
	ELEMENTARY 	SCHOOL
DISTRICT,
Respondent.
Case
	No.
	SA-CE-1746
PERB
	Decision
	No.
	1273
July
	10,
	1998
Appearances:	
California
	Teachers
	Association
	by
	Charles
	R.
Gustafson, 	Attorney,
	for
	Strathmore 	Elementary 	Teachers
Association;
	Lozano,
	Smith, 	Smith, 	Woliver
	&
Behrens 	by
	Richard
B.
	Galtman,
	Attorney,
	for
	Strathmore
	Union
	Elementary
	School,
District.
Before 	Caffrey,
	Chairman; 	Dyer
	and
	Jackson,
	Members.
DECISION
JACKSON,
	Member:
	This 	case
	is
	before 	the 	Public
	Employment
Relations
	Board
	(PERB
	or
	Board) 	on
	appeal
	by
	the
	Strathmore
	Union
Elementary School
	District
	(District)
	of
	a 	PERB
	administrative
law
	judge's
	proposed
	decision.
	The
	Strathmore 	Elementary
Teachers 	Association 	(Association)
	alleged 	that
	the
	District
unilaterally
	changed
	the
	work
	year 	calendar
	in violation
	of
section
	3543.S(a),
	(b)
	and
	(c)
	of 	the 	Educational
	Employment
Relations
	Act
	(EERA) . 1	
The
	Association 	alleged 	further 	that
	two
1EERA
	is
	codified
	at
	Government 	Code
	section
	3540
	et
	seq.
Section
	3543.5 	provides, 	in pertinent 	part:
It
	shall
	be 	unlawful 	for
	a
	public 	school 	employer
to
	do 	any 	of 	the 	following:
(a) 	Impose
	or 	threaten 	to
	impose
	reprisals
on 	employees, 	to 	discriminate 	or 	threaten 	to

of
	its
	members,
	Kathryn
	Deisman
	and 	Toni
	Glosson
	engaged
	in
protected
	conduct 	and,
	as
	a
	result,
	the
	District
	took
	adverse
action
	against
	them
	in violation
	of
	EERA
	section
	3543.S(a).
discriminate 	against
	employees,
	or 	otherwise
to 	interfere
	with,
	restrain, 	or 	coerceemployees 	because 	of
	their 	exercise 	of
	rightsguaranteed by
	this 	chapter.
	For 	purposes 	of
this 	subdivision,
	"employee"
	includes 	an
applicant 	for
	employment
	or
	reemployment.
(b) 	Deny
	to
	employee
	organizations 	rightsguaranteed 	to
	them by
	this 	chapter.
(c) 	Refuse 	or 	fail 	to 	meet 	and 	negotiate 	ingood
	faith 	with 	an 	exclusive 	representative.
The
	Association
	notified
	PERB
	of
	its
	withdrawal
	of
	the
charge
	on
	June
	17, 	1998.
	The
	District
	confirmed
	this
	settlement
in
	a
	letter
	to
	the
	Board
	dated
	July
	1,
	1998.
	Accordingly,
	the
Association
	req1iests 	withdrawal
	of
	the
	unfair 	practice
	charge,
with
	prejudice.
	Having
	considered 	the
	request, 	the
	Board
	concurs
that
	it
	is
	in
	the
	best
	interest
	of
	the
	parties
	and
	consistent
with
	the
	purposes 	of
	EERA
	to 	grant 	the 	request 	for
	withdrawal.
ORDER
It
	is
	hereby
	ORDERED
	that
	the
	exceptions
	are
	withdrawn,
	the
proposed
	decision
	is
	VACATED,
	and
	the
	unfair practice
	charge
	and
complaint
	in
	Case
	No.
	SA-CE-1746
	are
	WITHDRAWN.
Chainnan
	Caffrey
	and
	Member
	Dyer
	joined
	in 	this
	Decision.
2