Mt. Diablo Unified School District (PERB A141E)

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
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____________________
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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.
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____________________
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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.
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