PERB Decision No. 0358E•Lancaster Elementary School District (PERB 0358E)
Lancaster Elementary School District (PERB 0358E)
PERB Decision No. 0358ECalperb23 nov 1983
Testo completo
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD TEACHERS ASSOCIATION OF LANCASTER, Charging Party, v.. LANCASTER ELEMENTARY SCHOOL DISTRICT, Respondent. Case No. LA-CE-1616 PERB Decision No. 358 November 23, 1983 Appearances: Charles R. Gustafson, Attorney for Teachers Association of Lancaster1 Steven c. Babb, Attorney (O'Melveny & Myers) for Lancaster Elementary School District. Before Tovar, Jaeger and Morgenstern, Members. DECISION MORGENSTERN, Member: The Teachers Association of Lancaster (Association) appeals the attached decision of the Los Angeles regional attorney of the Public Employment Relations Board (PERB or Board). In that determination, the regional attorney dismissed the Association's charge that the Lancaster Elementary School District (District) violated subsections 3543.S(a), (b) and (c) of the Educational Employment Relations Act (EERA) by unilaterally adopting a new policy regarding employees' leaves for jury duty.l lEERA is codified at Government Code section 3540 et seq. ) ) ) ) ) ) ) ) ) ____________________ )
FACTUAL SUMMARY AND PROCEDURAL HISTORY On August 3, 1982, the Association filed its first unfair practice charge. That charge concerned alleged changes in the school calendar and changes in the special education program. The District allegedly declined to n~gotiate as to these topics because it believed them to be outside the scope of representation. representation. On August 13, 1982, the District asserted that the Association's charge was untimely because the conduct complained of occurred more than six months prior to the filing of the charge. On October 4, 1982, the Association filed an amended charge which it deemed to supersede the initial charge. The amended charge reiterated the earlier allegations and added that, as of May 1982, it learned that the District had implemented a new evaluation procedure and a new policy regarding jury duty leave. On November 16, 1982, the Association filed a second amended charge, also said to supersede the previous charge filed in October. In its second amended charge, the Association contended that the District unilaterally altered the policy regarding jury duty leave. Although implemented during the 1980-81 school year, the Association claimed that it first learned of the revised policy near the end of the 1981-82 school year. In paragraph F of its charge, the Association asserted as follows: The District and the Association have agreed in writing to submit this matter to PERB. A
copy of said writing is attached hereto marked Exhibit A. The attached document, signed by the parties on November 9, 1982, reads as follows: 1982, reads as follows: Memorandum of Agreement As a part of the 1982 Amendments to the July 1, 1978 Agreement, the Association agrees to withdraw the Unfair Practice Charge submitted on July 12, 1982, and amended on October 4, 1982, except for the single issue of the District's policy and procedure regarding jury duty leave. procedure regarding jury duty leave. The parties agree to allow PERB to hear and determine if the District committed an Unfair Practice by Herbert D. Bartelt Jr., Ed.D instituting a new memorandum entitled Verification of Jury Duty Procedures to Principals and School Secretaries dated September 1, 1981. September 1, 1981. On March 17, 1983, PERB's regional attorney advised the parties that the Association's charge was dismissed. The basis for the dismissal rests on the regional attorney's determination that, because the complained-of conduct is prohibited by provisions of the parties' negotiated agreement, the matter should be deferred to the contractual binding arbitration proceedings. Two documents are attached to the dismissal letter. The first is a letter from the District, dated November 23, 1982, advising the PERB regional attorney, inter alia, that its position: .•• was communicated to the Association at the time that the Memorandum of Agreement attached as Exhibit A to the Second Amended Charge was agreed to by the parties. 3
••• the District is willing to waive any contentions of timeliness if this matter is submitted to arbitration and is willing to proceed to arbitration forthwith. proceed to arbitration forthwith. The second document, dated December 7, 1982, is from the District to the Association confirming the District's willingness to waive willingness to waive any and all procedural or other contentions regarding the arbitrability of the above-captioned case, and that the District is willing to proceed forthwith to arbitrate the merits of whether or not its policy ••• violates the collective bargaining agreement between the District and the Teachers Association of Lancaster. The Association submitted the instant appeal of the dismissal of the unfair practice charge on April 6, 1983. It asserts that the contract does not specifically cover the dispute and that the District stipulated that the instant charge should be submitted to PERB. charge should be submitted to PERB. In its response to the Association's appeal dated April 22, 1983, the District argues that the dispute involves the interpretation given to the language of the negotiated agreement and that its agreement to submit the matter to PERB was no more than an agreement to submit the matter to PERB's normal complaint processing procedures, including an assessment of the applicability of the deferral to arbitration provision found in EERA. The District alleges that, at the time the memorandum of understanding was signed, it verbally advised the 4
Association that it would urge PERB to defer the dispute to arbitration. DISCUSSION In pertinent part, subsection 3541.S(a) of EERA prohibits the Board from issuing a complaint against conduct also prohibited by the provisions of the agreement between the parties until the grievance machinery of the agreement, if it exists and covers the matter at issue, has been exhausted, either by settlement or binding arbitration •• The Board has applied this provision and has deferred to arbitration when the contract covers the matter at issue in the unfair practice charge (Stockton Unified School District (11/3/80) PERB Decision No. 143; John Swett Unified School District (12/21/81) PERB Decision No. 188) and where the negotiated procedure culminates in binding arbitration (Pittsburg Unified School District (3/15/82) PERB Decision No. 199). In the instant case, the conditions of subsection 3541.S(a) are satisfied. The parties' negotiated agreement culminates in binding arbitration and the Association's dispute concerns the application of the contractual provision regarding leaves of re absence for jury duty.t2 With gard to this issue, the regard to this issue, the 2Article XX, section 4 of the contract provides for personal leaves of absence for employees called to jury duty. Section 4.3 states:
regional attorney appropriately referred to the standards forregional attorney appropriately referred to the standards for deferral articulated by the National Labor Relations Board in deferral articulated by the National Labor Relations Board in Collyer Insulated Wire (1971) 192 NLRB 837 [77 LRRM 1931] and Collyer Insulated Wire (1971) 192 NLRB 837 [77 LRRM 1931] and adopted by PERB in Dry Creek Joint Elementary School District adopted by PERB in Dry Creek Joint Elementary School District (7/21/80) PERB Order No. Ad-8la. She correctly concluded that (7/21/80) PERB Order No. Ad-8la. She correctly concluded that the parties were operating within a stable bargaining the parties were operating within a stable bargaining relationship and that the contractual language lies at the relationship and that the contractual language lies at the center of the parties' dispute. With regard to the remaining center of the parties' dispute. With regard to the remaining Collyer condition, the regional attorney found the DistrictCollyer condition, the regional attorney found the District ready and willing to proceed to arbitration, waiving all ready and willing to proceed to arbitration, waiving all procedural defenses. In support of this conclusion, she citedprocedural defenses. In support of this conclusion, she cited the documents attached to her decision in which the District the documents attached to her decision in which the District indicated its willingness to proceed to arbitration. indicated its willingness to proceed to arbitration. (See (See pp. 3-4, supra.)pp. 3-4, supra.) The issue raised by the instant case concerns the fact that the regional attorney's dismissal does not mention or attach any significance to the document executed by the parties on November 9, 1982, which, on its face, purports "to allow PERB It is the responsibility of the member to report to work whenever the member is not required to attend jury duty service. The Association contends that this language does not require employees to report to work when they have reported for jury duty but have been excused. It urges that the contract covers those situations where an employee is on call for jury duty but does not actually report for jury duty that day. The The Association argues that the past practice and bargaining history support its interpretation. 66
to hear and determine if the District committed an Unfair Practice •••• " In the Association's view, the agreement clearly and unambiguously establishes the District's willingness to resort to PERB's unfair practice procedures rather than the grievance machinery to resolve this dispute. The plain meaning of the language, however, does not so provide. To the contrary, the document does not refute the District's contention that the agreement merely expresses its willingness to submit the matter to PERB's normal complaint processing procedure. The document itself neither expressly nor impliedly precludes the District from raising the deferral argument or any other defenses before PERB. In balance, since the Collyer deferral standards are satisfied by the circumstances in this case, the onus rests with the Association to establish the District's waiver. With the burden so placed, the plain meaning of the document should be respected. Because it does not include language waiving the District's defenses, it should not be read as foreclosing the District from asserting its deferral defense. ORDER While the regional attorney failed to consider the parties' memorandum, our analysis of that document does not disturb the result reached. Accordingly, rather than remand the dispute for review in light of the agreement, we AFFIRM the regional attorney's decision to dismiss the charge and defer 7
the parties' dispute to the contractual binding arbitration procedure. Members Tovar and Jaeger joined in this Decision. 8
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CEASE DEUXMCJIAN, Governor cf,:~ !:'lf.Ui<r;1p1 ~ ,Ge>"'frqor
PU~;uc El,\PLOYJ'vH:NT RElATlONS BOARD
Los Angeles Regional Office
3-470 Wilshire Blvd., Suite 1001
Los Angeles, California 90010
(213) 736-3127
March 17, 1983
Mr. Charles Gustafson
California Teachers Association California Teac.r:ers Asscx::iation
P. P.O. Box 92888 0. Box 92883
Los Angeles, CA 90009 !L"S Angeles, CA 90009
Mr . Steven Babb ~. Steven Babb
O'Melveny & Myers
400 South Hope Street
Los Angeles, CA 90071-2899
RE: DISMISSAL OF UNFAIR PRACTICE CHARGE RE: DI&'\'JISSAL OF UNFAIR PFACI'ICE CHAB3E
Teachers Association of Lancaster v. Teachers Association of Lancaster v.
Lancaster Elementary School District, LA-CE-1616 Lancaster Elementarv School District, LA.-C'E-1616
Dear Parties: ~ar Parties:
Pursuant to section 3541. 5 (a) (2) of the Employer-Employee Relations
Act (EERA) and Public li
,
Jl...ct (EEAA) and Pub c E.."ilployment Relations Board (PERB) Regulation
section 32620 (b) (5) the above-captioned charge is hereby section 32620(b) {5)1, the above-captioned charge is hereby
dismissed a~d deferred to arbitration under the collective
ca!'gainir..g agreement in effect between the parties.
The Charging Party, Teachers Association of Lancaster (Association)
alleges that Respondent, Lancaster Elementary School District
(District) violated sections 3543.5(a), (b) and (c) of the EERA by
milaterally implementing a new policy and procedure regarding jury
duty leave. Under the new policy employees who report to jury duty duty
in the I'!Drning and shortly thereafter are excused fran such duty for
the remainder of the day, are required to reJ?C)rt back to YrDrk. The
Association alleges that the implementation of this policy in late
Spring 1982 was a departure fran past practice, which did not
require that employees refX)rt back to work after finishing jury duty
under such circurrstances.
lReferences to the EERA are to Government Cc<le sections 3540
et seq. PE.RB Regulations are codified in California Administrative
Code, Title 8.March 17, 1983
IA-CE-1616
Page 2
My investigation of the charge revealed the following. The Association
and the District are parties to a collective bargaining agreern2nt
originally effective July 1, 1978 through June 30, 1981, and thereafter
extended through June 30, 1983. Article XX Section 4 of this agreerrent
provides for personal leaves of absence for employees called to jury
duty. Section 4.3 of this Article states that:
4.3 It is the resp::,nsibility of the member of report to
\oi'Ork whenever the rnenber is not required to attend jury duty
service.
The District contends t.hat t.11is language supports its policy governing
unit members who are ex...'"'1.lSed fran jury duty for the day. 'I'he Association
oontends that this language •...,a5 intended to apply only to those
situations where an employee is not required to rep::>rt at all for jury
duty on a given day, and t.Jiat by its action the District departed fran
past practice with regard to leave policy.
Article VI, Section 1.0 of the collective bargaining agreement defines a
grievance as: grievance as:
(1) a staternent/clai:n by a teacher or group of teachers
covered hereby, that the District has violated an express
term of this Agreement and that by reason of such violation
the teacher(s) rights ~ave been adversely aff2cted •••
Article VII, Section 1.0 provides in pertinent part:
a
Section 5.0 of Article VI provides:
t
(\
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I
Article VII, Section 1.0 provides in p:rtinent part:
Grievances which are not settled pursuant to Article VI, and
which ti.tie Associaticn desires to contest further, and which
involv~ the interpretation or application of thE! Express
terms of this Agrearent, shall be submitted to arbitration
as provided in this Article, but only if the Association
gives written notice to the District of its desire to
arbitrate the Grieva"'lCe within ten (10) working days after
the termination of Level II of the Grievance procedure.
Section 5.0 of Article VI provides:
the decision of the arbitrator within the limits herein
prescribed shall be final and binding ufCn the parties to
the dispute.~.arch 17, 1983
TA-CZ-1616
Page 3
M
Based on the facts stated aro.,e and section 3541.5 (a) of the EERA, the
charge must be dismissed and deferred to arbitration und~r the collective
bargaining agreement.
Section 3541.5 (a) states in ~rtinent part:
•••the board shall not do either of the following: . . the ooard shall not do either of the following:.
(2) {2) issue a complaint against conduct also prohibited by issue a canplaint against conduct also prohibited by
the provisions of the agreement between the parties until the provisions of ti.~e agre~nt between the parties until
the grievance rr.achinery of the agreement, if it exists andthe grievance machinery of the agreement, if it exists and
covers the matter at issue, has been exhausted, either by covers the matter at issue, has been exhausted, eiti.11er by
settlement or binding arbitration. settlement or binding arbitration.
P.ERB R.Egulation 32620(b}{5) requires the P.oard agent processing the
charg':! to "(d)ismiss the charge or any part thereof as provided in
Section 32630 if • • • it is determined that a caiplaint may not be
issued in light of Government Code sections 3514.5, 3541.5 or 3563.2 or
because a dispute arising t.mder EEERA is subject to final and binding
arbitration." In Dry Creek Joint Elementary School District (7/21/80) {7/21/80)
PERS Order No. Ad-8la, the Public Employment Relations Board (PERB)
explained that:
[WJhile there is no st.atutory deferral requirement
Litp0sed on the National Labor Relations Board
{hereafter NLRB) , that agency has voluntarily adopted
such a FOlicy l::::oth with regard to post-arbitral and
pr:e-arbitral award situations. (Footnote emitted.)
EERA section 3541.5 (a) essentially codifies the :p:>lic-y
develope3 by t.,e NLRB regarding def~rral to arbitration
proceedings and awards. It is appropriate, therefore,
to lo--Jk for guidance to the private sector. (Footnote
to Fire Fighters Union v. City of Vallej~ (1974) 12
Cal.3d 608.)
192 In Collyer Insulated Wire (1971) 192 NLRB 837 [77 LRRM 1931] and In Collyer Insulated Wire (1971) NLRB 837 [77 LRRM 19311 and
subsequent cases, the NLRB articulated standards under which deferral is subsequent cases, the N".LRB articulated standards under which deferral is
appropriate in prearbitral situations. These requirements are: appropriate in prearbitral situations. These requirements are: (1) the (1) the
dispute must arise within a stable collective bargaining relationship dispute must arise within a stable collective bargaining relationship
where there is no enmity by the respondent toward the charging party; (2) where there is no enmity by the respondent toward the charging party; (2)
the respondent must be ready and willing to proceed to arbitration and the respondent must be ready and willing to proceed to arbitration and
must waive contract-based procedural defenses; and (3) the contract andIll.lSt wa:ive contract-based procedural defenses; and (3) the contract and
its meaning must lie at the center of the dispute. its meaning must lie at the center of the dispute.
'Ihese standards are met with respect to the charge in this case. First,
no evidence has been prcduced to indicate that the parties are not
q?erating within a stable collective bargaining relationship. Second, by
letters fran its representative, Steven Babb, dated November 23, 1982 and
December 7, 1982, (Exhibits 1 and 2) the respondent has indicated its
willingness to proceed to arbitration and to waive all procedural
c-:fenses.
(March 17, 1983
LA-CE-1616
Page 4
Finally the issue raised !:Jy this charge that the District unilaterally
changed its jury duzy po~ icy for e-nployees released for t.11e day direc~y
Lr1volves an interpretation of Article XX, Section 4.3 of the collective
bargaining agreerrent. .?.ccordingly this charge must be deferred to
arbitration and dismissed.
Pursuant to.Public Einpla-jTIEnt Relations Board regulation 32635
{California Adminsitrat.i-;e Ccrle, title 8, party III), you may appeal the
refusal to issue a a:ruplaint (dismissal} to the Board itself.
Right to Appeal
You may obtain a review of this dismissal of the charge by filing an
appeal to the Board itself within twenty (20) calendar days after service service
of this Notice (section 32635(a). To be tim:ly filed, the original.and
five (5) copies of such afJP=al must be actually recei•1ed by the Board
itself before the close of business (5:00 p.m.) on April 6, 1983 or sent
by telegraph or certified Unites States mail postmarked not later than
April 6, 1983 {section 32135). The Board's address is:
Public ETiployrnent Relations Board
103118t::i Street
Sacrarrento, CA 95814
If you file a timely a?P=al of the refusal, any at.her party may file with
the executive assistant to the Board an original and five (5) copies of a
statement in opp'.)sition ""'ithin twenty (20} calendar days follcwing the
date of service of the Cl:!f'eal (section 32635(b}).
Service
All docrnnents authorized to be filed herein except for amendments to the
charge must also be "served" upon all parties to the proceeding, and a and a
"proof of service" must accompany the docurrent filed with the R..ogional
Office or the Board itself (see section 32140 for the requirE:.-d o:,ntents
and a sample form). 'fue docurrents will be considered properly "ser-ved 11
when personally delivered or deposited in the first-class rrail postage
paid and properly addressed.
Extension of Time
A request for an exter.sion of time in which to file a document with the
Board itself must be Lr1 w-riting and filed with the executive assistant to
the Board at the previously noted address. A request for an extension in
.March 17, 1983 IA-CE-1616 Page 5 5 which to file a document with the Regional Office should be addressed toto t.,e Regional Attorney. A request for an extension must be filed at least thr2e (3) calendar days !Jefore the expiration of the ti.rre required for filing t.rie subject dOC'..tre!'lt. The request must indicate gCXXJ cause for the r:osition of each o~~er party regarding the extension and shall be accanpanied by proof of service of the request UfX)n each party (section 32132) - Final Date If no appeal is filed within the specified time limits, the dismissal will become f iria.l when the time limits have e.>.-pired. Vecy truly yours, Dennis Sullivan General Counsel ~<tw~ M Marjorie J. Weinzweig J. Weinzweig Regional Attorney ~ MJTti:djm JW:djm
O'MELVENY & MYERS
400 SOUTH HOPE STREET . 1800 CENTURY PARK EAST
LOS ANGELES. CALIFSON4 90067589
LOS ANGELES CALIFORNIA 10971-2592 TELEPHONE 12131 353-9790
TELEX 67:409,
310 NEWPORT CENTER OHFIVE
TELEx 10% 24 10 01 AY ' ZWEWOOHT BEACH. CAUGONIA 92060-0479
CLESMONE (7141 760-9600 . (2131 869-8500
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OUR FILE NUMBER
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Marjorie Weinzweig, Esq.
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Public Employment Relations Board
3470 Wilshire Boulevard, Suite 1001
Los Angeles, California 90010
R
D
November ovember
23rd 3rd
19 8 2 9 8 2
Marjorie Neinzweig, Esq.
Regional Attorney
Public Employment Relations Board
3470 Wilshire Boulevard, Suite 1001
Re Teachers Association of Lancaster e
v.v. Lancaster Elementary School
District, Case No. LA-CE-1616
Dear Ms. Weinzweig: ear Ms. Weinzweig:
In response to your letter of November 18 regarding
the above-captioned matter, it is the position of the
Lancaster Elementary School District {the "District") that
PERB is prohibited from issuing a complaint in this matter
at this time because of the restrictions imposed by Government
Code§ 3541.S{a) (2}.
The Second Amended Charge in this case alle~es
that the District violated the Rodda Act by unilaterally
implementing a new policy and procedure regarding jury
duty leave. As I understand it, the charge specifically
relates to a situation in which a unit member reports to
jury duty in the morning and thereafter is excused from such
duty for the remainder of the day after having served only
a short period of time or no time on the jury. The District's
policy under these circumstances has been to require thepolicy under these circumstances has been to require the
employee to report back to work after being excused from
jury duty. It appears to be the position of the Teachers
Association of Lancaster (the "Association") that this policy
is a recent change and that under prior policy a· unit m~r:tber
was not required to report back to work in these circumstances.
Article XX, Section 4.3 of the collective bargaining
agreement between t.~e District and the Association, a ~opy of
which is already on file with PERE, provides:
"It is the responsibility of the mernber to
report to work whenever the member is not
required to attend jury duty service."
EXHIBIT IR' -f lf l 13 I T i#2 - Marjorie Weinzweig, Esq. - 11/23/82 arbitration forthwith. S f #2 - ~arjorie Weinzweig, Esq. - 11/23/82 It is the District's position that this language fully supports its policy governing unit members who are excused from jury duty. Of course, it is possible that the District's reading of this section may be erroneous, but this is precisely the sort of issue which should be initially determined by an arbitrator pursuant to Article VII of the agreement. Accordingly, because the conduct complained of by the Association in the Second 1'..mended Charge is the subject of Section 4.3 of Article XX of the agreement, the District submits that PERB is prohibited from issuing a complaint at this time until the parties have exhausted the grievance machinery of the agreement, as is set forth in Government Code§ 3541.S(a) (2). The District's position in this matter was communicated to the Association at the time that the Memorandum of Agreement attached as Exhibit A to the Second Amended Charge was agreed to by the parties. As I mentioned to you earlier, the District is willing to waive any contentions of timeliness if this matter is submitted to arbitration and is willing to proceed to arbitration forthwith. Sincerely yours,Sincerely yours, Staren C. Ball~~ C. S,~ s&ven C. Babb for O'MELVENY & MYERS SCB/rc cc: Charles R. Gustafson, Esq.
O'MELVENY & MYERS
400 SOUTH MOPE STREET 1600 CENTURY NAME CAST
405 ANGELES. CAUGONIA $3657-929
ICS ANGELES, CALIFORNIA 90071 2899 TELEx 67.4097
TELEPHONE (2131 609.5000 610 NEWPORT CENTER DRIVE
NEWBORT BEACH, CALIFORNIA 92060-0429 TELEX 67-4122 CLEPHONE (7141 760-9600 . (2:31 609-6090
O'MELVENY & MYERS"
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1 26,577-27
Charles R. Gustafson, Esq.
Teachers Association of Lancaster
5757 West Century Blvd., Suite #400
P.O. Box 92888
Los Angeles, California 90009
Case No. LA-CE-1616
Dear Mr. Gustafson:
the District and the Teachers Association of Lancaster.
Sincerely yours,
Steven C. Ball
S
fo
r
DeceTil!)er
ecember7th
7th1 9 8 2
9 8 2
Charles R. Gustafson, Esq.
Teachers Association of Lancaster
5757 West Century Blvd., Suite #400
P.O. Box 92888
Los Angeles, California 90009
OUR FILE: NUM96:R
OUR FILE NUMBER
26,577-27
Re Teachers Association of Lancaster
Re Teachers Association of Lancaster v. Lancaster Elementary School District,
v.Case Lancaster Elementary School District, No. LA-CE-·1616-
Dear Mr. Gustafson:
As a followup to my November 23 letter to Marjorie
WeinzweigAs a followup to my November 23 letter to Marjorie in connection with the above-captioned case, a copy
Weinzweig in connection with the above-captioned case, a copy of which was sent to you, this will confirm that the
of which was sent to you, this will confirm that the Lancaster Elementary School District is willing to waive
Lancaster Elementary School District is willing to waive any and all procedural or other contentions regarding t~e
any and all procedural or other contentions regarding the arbitrability of the above-captioned case, and ":.ha.t -':he
arbitrability of the above-captioned case, and that the District: is willing to proceed forthwith to arbitrate the
District is willing to proceed forthwith to arbitrate the merits of whether or not its policy of requiring unit
merits of whether or not its policy of requiring unit members to report back to work after being excused from jury
members to report back to work after being excused from jury duty violates the collective bargaining agreement between
duty violates the collective bargaining agreement betweenthe District and the Teachers Association of Lancaster.
Sincerely yours,
~~C.~---'
Steven Babb ·
for O'MELVENY & MYERS
C.
SCB/rc
SCB/rccc: Marjorie Weinzweig
cc: Marjorie Weinzweig
EXHIBIT 21 printed pages contain little extracted OCR body text; searchable legal-body completeness has not been established for those pages.
OCR transcription for search; preserved printed pages are authoritative
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
TEACHERS ASSOCIATION OF LANCASTER,
Charging Party, Case No. LA-CE-1616
Vv. PERB Decision No. 358
LANCASTER ELEMENTARY SCHOOL DISTRICT, November 23, 1983
Respondent.
eet ne See ne et eet et Se et et
Appearances: Charles R. Gustafson, Attorney for Teachers
Association of Lancaster; Steven C. Babb, Attorney (O'Melveny &
Myers) for Lancaster Elementary School District.
Before Tovar, Jaeger and Morgenstern, Members,
DECISION
MORGENSTERN, Member: The Teachers Association of Lancaster
(Association) appeals the attached decision of the Los Angeles
regional attorney of the Public Employment Relations Board
(PERB or Board). In that determination, the regional attorney
dismissed the Association's charge that the Lancaster
Elementary School District (District) violated subsections
3543.5(a), (b) and (c) of the Educational Employment Relations
Act (EERA) by unilaterally adopting a new policy regarding
employees' leaves for jury duty.1l
1EERA is codified at Government Code section 3540 et seq.
FACTUAL SUMMARY AND PROCEDURAL HISTORY
On August 3, 1982, the Association filed its first unfair
practice charge. That charge concerned alleged changes in the
school calendar and changes in the special education program.
The District allegedly declined to n~gotiate as to these topics
because it believed them to be outside the scope of
representation. representation.
On August 13, 1982, the District asserted that the
Association's charge was untimely because the conduct
complained of occurred more than six months prior to the filing
of the charge.
On October 4, 1982, the Association filed an amended charge
which it deemed to supersede the initial charge. The amended
charge reiterated the earlier allegations and added that, as of
May 1982, it learned that the District had implemented a new
evaluation procedure and a new policy regarding jury duty leave.
On November 16, 1982, the Association filed a second
amended charge, also said to supersede the previous charge
filed in October. In its second amended charge, the
Association contended that the District unilaterally altered
the policy regarding jury duty leave. Although implemented
during the 1980-81 school year, the Association claimed that it
first learned of the revised policy near the end of the 1981-82
school year. In paragraph F of its charge, the Association
asserted as follows:
The District and the Association have agreed
in writing to submit this matter to PERB. A
copy of said writing is attached hereto
marked Exhibit A.
The attached document, signed by the parties on November 9,
1982, reads as follows: 1982, reads as follows:
Memorandum of Agreement
As a part of the 1982 Amendments to the
July 1, 1978 Agreement, the Association
agrees to withdraw the Unfair Practice
Charge submitted on July 12, 1982, and
amended on October 4, 1982, except for the
single issue of the District's policy and
procedure regarding jury duty leave. procedure regarding jury duty leave.
The parties agree to allow PERB to hear and
determine if the District committed an
Unfair Practice by Herbert D. Bartelt Jr.,
Ed.D instituting a new memorandum entitled
Verification of Jury Duty Procedures to
Principals and School Secretaries dated
September 1, 1981. September 1, 1981.
On March 17, 1983, PERB's regional attorney advised the
parties that the Association's charge was dismissed. The basis
for the dismissal rests on the regional attorney's
determination that, because the complained-of conduct is
prohibited by provisions of the parties' negotiated agreement,
the matter should be deferred to the contractual binding
arbitration proceedings.
Two documents are attached to the dismissal letter. The
first is a letter from the District, dated November 23, 1982,
advising the PERB regional attorney, inter alia, that its
position:
.•• was communicated to the Association at
the time that the Memorandum of Agreement
attached as Exhibit A to the Second Amended
Charge was agreed to by the parties.
3
••• the District is willing to waive any
contentions of timeliness if this matter is
submitted to arbitration and is willing to
proceed to arbitration forthwith. proceed to arbitration forthwith.
The second document, dated December 7, 1982, is from the
District to the Association confirming the District's
willingness to waive willingness to waive
any and all procedural or other contentions
regarding the arbitrability of the
above-captioned case, and that the District
is willing to proceed forthwith to arbitrate
the merits of whether or not its policy
••• violates the collective bargaining
agreement between the District and the
Teachers Association of Lancaster.
The Association submitted the instant appeal of the
dismissal of the unfair practice charge on April 6, 1983. It
asserts that the contract does not specifically cover the
dispute and that the District stipulated that the instant
charge should be submitted to PERB. charge should be submitted to PERB.
In its response to the Association's appeal dated April 22,
1983, the District argues that the dispute involves the
interpretation given to the language of the negotiated
agreement and that its agreement to submit the matter to PERB
was no more than an agreement to submit the matter to PERB's
normal complaint processing procedures, including an assessment
of the applicability of the deferral to arbitration provision
found in EERA. The District alleges that, at the time the
memorandum of understanding was signed, it verbally advised the
4
Association that it would urge PERB to defer the dispute to
arbitration.
DISCUSSION
In pertinent part, subsection 3541.S(a) of EERA prohibits
the Board from issuing a complaint
against conduct also prohibited by the
provisions of the agreement between the
parties until the grievance machinery of the
agreement, if it exists and covers the
matter at issue, has been exhausted, either
by settlement or binding arbitration ••
The Board has applied this provision and has deferred to
arbitration when the contract covers the matter at issue in the
unfair practice charge (Stockton Unified School District
(11/3/80) PERB Decision No. 143; John Swett Unified School
District (12/21/81) PERB Decision No. 188) and where the
negotiated procedure culminates in binding arbitration
(Pittsburg Unified School District (3/15/82) PERB Decision
No. 199).
In the instant case, the conditions of subsection 3541.S(a)
are satisfied. The parties' negotiated agreement culminates in
binding arbitration and the Association's dispute concerns the
application of the contractual provision regarding leaves of
re absence for jury duty.t2 With gard to this issue, the regard to this issue, the
2Article XX, section 4 of the contract provides for
personal leaves of absence for employees called to jury duty.
Section 4.3 states:
regional attorney appropriately referred to the standards forregional attorney appropriately referred to the standards for
deferral articulated by the National Labor Relations Board in deferral articulated by the National Labor Relations Board in
Collyer Insulated Wire (1971) 192 NLRB 837 [77 LRRM 1931] and Collyer Insulated Wire (1971) 192 NLRB 837 [77 LRRM 1931] and
adopted by PERB in Dry Creek Joint Elementary School District adopted by PERB in Dry Creek Joint Elementary School District
(7/21/80) PERB Order No. Ad-8la. She correctly concluded that (7/21/80) PERB Order No. Ad-8la. She correctly concluded that
the parties were operating within a stable bargaining the parties were operating within a stable bargaining
relationship and that the contractual language lies at the relationship and that the contractual language lies at the
center of the parties' dispute. With regard to the remaining center of the parties' dispute. With regard to the remaining
Collyer condition, the regional attorney found the DistrictCollyer condition, the regional attorney found the District
ready and willing to proceed to arbitration, waiving all ready and willing to proceed to arbitration, waiving all
procedural defenses. In support of this conclusion, she citedprocedural defenses. In support of this conclusion, she cited
the documents attached to her decision in which the District the documents attached to her decision in which the District
indicated its willingness to proceed to arbitration. indicated its willingness to proceed to arbitration. (See (See
pp. 3-4, supra.)pp. 3-4, supra.)
The issue raised by the instant case concerns the fact that
the regional attorney's dismissal does not mention or attach
any significance to the document executed by the parties on
November 9, 1982, which, on its face, purports "to allow PERB
It is the responsibility of the member to
report to work whenever the member is not
required to attend jury duty service.
The Association contends that this language does not
require employees to report to work when they have reported for
jury duty but have been excused. It urges that the contract
covers those situations where an employee is on call for jury
duty but does not actually report for jury duty that day. The The
Association argues that the past practice and bargaining
history support its interpretation.
66
to hear and determine if the District committed an Unfair
Practice •••• "
In the Association's view, the agreement clearly and
unambiguously establishes the District's willingness to resort
to PERB's unfair practice procedures rather than the grievance
machinery to resolve this dispute. The plain meaning of the
language, however, does not so provide. To the contrary, the
document does not refute the District's contention that the
agreement merely expresses its willingness to submit the matter
to PERB's normal complaint processing procedure. The document
itself neither expressly nor impliedly precludes the District
from raising the deferral argument or any other defenses before
PERB.
In balance, since the Collyer deferral standards are
satisfied by the circumstances in this case, the onus rests
with the Association to establish the District's waiver. With
the burden so placed, the plain meaning of the document should
be respected. Because it does not include language waiving the
District's defenses, it should not be read as foreclosing the
District from asserting its deferral defense.
ORDER
While the regional attorney failed to consider the parties'
memorandum, our analysis of that document does not disturb the
result reached. Accordingly, rather than remand the dispute
for review in light of the agreement, we AFFIRM the regional
attorney's decision to dismiss the charge and defer
7
the parties' dispute to the contractual binding arbitration
procedure.
Members Tovar and Jaeger joined in this Decision.
8
S
(
' STAi': TATE OF CALIFORNIA CF ·:.i.uFO~r-u ...
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HEADOURS
OFF
CEASE DEUXMCJIAN, Governor cf,:~ !:'lf.Ui<r;1p1 ~ ,Ge>"'frqor
PU~;uc El,\PLOYJ'vH:NT RElATlONS BOARD
Los Angeles Regional Office
3-470 Wilshire Blvd., Suite 1001
Los Angeles, California 90010
(213) 736-3127
March 17, 1983
Mr. Charles Gustafson
California Teachers Association California Teac.r:ers Asscx::iation
P. P.O. Box 92888 0. Box 92883
Los Angeles, CA 90009 !L"S Angeles, CA 90009
Mr . Steven Babb ~. Steven Babb
O'Melveny & Myers
400 South Hope Street
Los Angeles, CA 90071-2899
RE: DISMISSAL OF UNFAIR PRACTICE CHARGE RE: DI&'\'JISSAL OF UNFAIR PFACI'ICE CHAB3E
Teachers Association of Lancaster v. Teachers Association of Lancaster v.
Lancaster Elementary School District, LA-CE-1616 Lancaster Elementarv School District, LA.-C'E-1616
Dear Parties: ~ar Parties:
Pursuant to section 3541. 5 (a) (2) of the Employer-Employee Relations
Act (EERA) and Public li
,
Jl...ct (EEAA) and Pub c E.."ilployment Relations Board (PERB) Regulation
section 32620 (b) (5) the above-captioned charge is hereby section 32620(b) {5)1, the above-captioned charge is hereby
dismissed a~d deferred to arbitration under the collective
ca!'gainir..g agreement in effect between the parties.
The Charging Party, Teachers Association of Lancaster (Association)
alleges that Respondent, Lancaster Elementary School District
(District) violated sections 3543.5(a), (b) and (c) of the EERA by
milaterally implementing a new policy and procedure regarding jury
duty leave. Under the new policy employees who report to jury duty duty
in the I'!Drning and shortly thereafter are excused fran such duty for
the remainder of the day, are required to reJ?C)rt back to YrDrk. The
Association alleges that the implementation of this policy in late
Spring 1982 was a departure fran past practice, which did not
require that employees refX)rt back to work after finishing jury duty
under such circurrstances.
lReferences to the EERA are to Government Cc<le sections 3540
et seq. PE.RB Regulations are codified in California Administrative
Code, Title 8.
March 17, 1983
IA-CE-1616
Page 2
My investigation of the charge revealed the following. The Association
and the District are parties to a collective bargaining agreern2nt
originally effective July 1, 1978 through June 30, 1981, and thereafter
extended through June 30, 1983. Article XX Section 4 of this agreerrent
provides for personal leaves of absence for employees called to jury
duty. Section 4.3 of this Article states that:
4.3 It is the resp::,nsibility of the member of report to
\oi'Ork whenever the rnenber is not required to attend jury duty
service.
The District contends t.hat t.11is language supports its policy governing
unit members who are ex...'"'1.lSed fran jury duty for the day. 'I'he Association
oontends that this language •...,a5 intended to apply only to those
situations where an employee is not required to rep::>rt at all for jury
duty on a given day, and t.Jiat by its action the District departed fran
past practice with regard to leave policy.
Article VI, Section 1.0 of the collective bargaining agreement defines a
grievance as: grievance as:
(1) a staternent/clai:n by a teacher or group of teachers
covered hereby, that the District has violated an express
term of this Agreement and that by reason of such violation
the teacher(s) rights ~ave been adversely aff2cted •••
Article VII, Section 1.0 provides in pertinent part:
a
Section 5.0 of Article VI provides:
t
(\
{
I
Article VII, Section 1.0 provides in p:rtinent part:
Grievances which are not settled pursuant to Article VI, and
which ti.tie Associaticn desires to contest further, and which
involv~ the interpretation or application of thE! Express
terms of this Agrearent, shall be submitted to arbitration
as provided in this Article, but only if the Association
gives written notice to the District of its desire to
arbitrate the Grieva"'lCe within ten (10) working days after
the termination of Level II of the Grievance procedure.
Section 5.0 of Article VI provides:
the decision of the arbitrator within the limits herein
prescribed shall be final and binding ufCn the parties to
the dispute.
~.arch 17, 1983
TA-CZ-1616
Page 3
M
Based on the facts stated aro.,e and section 3541.5 (a) of the EERA, the
charge must be dismissed and deferred to arbitration und~r the collective
bargaining agreement.
Section 3541.5 (a) states in ~rtinent part:
•••the board shall not do either of the following: . . the ooard shall not do either of the following:.
(2) {2) issue a complaint against conduct also prohibited by issue a canplaint against conduct also prohibited by
the provisions of the agreement between the parties until the provisions of ti.~e agre~nt between the parties until
the grievance rr.achinery of the agreement, if it exists andthe grievance machinery of the agreement, if it exists and
covers the matter at issue, has been exhausted, either by covers the matter at issue, has been exhausted, eiti.11er by
settlement or binding arbitration. settlement or binding arbitration.
P.ERB R.Egulation 32620(b}{5) requires the P.oard agent processing the
charg':! to "(d)ismiss the charge or any part thereof as provided in
Section 32630 if • • • it is determined that a caiplaint may not be
issued in light of Government Code sections 3514.5, 3541.5 or 3563.2 or
because a dispute arising t.mder EEERA is subject to final and binding
arbitration." In Dry Creek Joint Elementary School District (7/21/80) {7/21/80)
PERS Order No. Ad-8la, the Public Employment Relations Board (PERB)
explained that:
[WJhile there is no st.atutory deferral requirement
Litp0sed on the National Labor Relations Board
{hereafter NLRB) , that agency has voluntarily adopted
such a FOlicy l::::oth with regard to post-arbitral and
pr:e-arbitral award situations. (Footnote emitted.)
EERA section 3541.5 (a) essentially codifies the :p:>lic-y
develope3 by t.,e NLRB regarding def~rral to arbitration
proceedings and awards. It is appropriate, therefore,
to lo--Jk for guidance to the private sector. (Footnote
to Fire Fighters Union v. City of Vallej~ (1974) 12
Cal.3d 608.)
192 In Collyer Insulated Wire (1971) 192 NLRB 837 [77 LRRM 1931] and In Collyer Insulated Wire (1971) NLRB 837 [77 LRRM 19311 and
subsequent cases, the NLRB articulated standards under which deferral is subsequent cases, the N".LRB articulated standards under which deferral is
appropriate in prearbitral situations. These requirements are: appropriate in prearbitral situations. These requirements are: (1) the (1) the
dispute must arise within a stable collective bargaining relationship dispute must arise within a stable collective bargaining relationship
where there is no enmity by the respondent toward the charging party; (2) where there is no enmity by the respondent toward the charging party; (2)
the respondent must be ready and willing to proceed to arbitration and the respondent must be ready and willing to proceed to arbitration and
must waive contract-based procedural defenses; and (3) the contract andIll.lSt wa:ive contract-based procedural defenses; and (3) the contract and
its meaning must lie at the center of the dispute. its meaning must lie at the center of the dispute.
'Ihese standards are met with respect to the charge in this case. First,
no evidence has been prcduced to indicate that the parties are not
q?erating within a stable collective bargaining relationship. Second, by
letters fran its representative, Steven Babb, dated November 23, 1982 and
December 7, 1982, (Exhibits 1 and 2) the respondent has indicated its
willingness to proceed to arbitration and to waive all procedural
c-:fenses.
(
March 17, 1983
LA-CE-1616
Page 4
Finally the issue raised !:Jy this charge that the District unilaterally
changed its jury duzy po~ icy for e-nployees released for t.11e day direc~y
Lr1volves an interpretation of Article XX, Section 4.3 of the collective
bargaining agreerrent. .?.ccordingly this charge must be deferred to
arbitration and dismissed.
Pursuant to.Public Einpla-jTIEnt Relations Board regulation 32635
{California Adminsitrat.i-;e Ccrle, title 8, party III), you may appeal the
refusal to issue a a:ruplaint (dismissal} to the Board itself.
Right to Appeal
You may obtain a review of this dismissal of the charge by filing an
appeal to the Board itself within twenty (20) calendar days after service service
of this Notice (section 32635(a). To be tim:ly filed, the original.and
five (5) copies of such afJP=al must be actually recei•1ed by the Board
itself before the close of business (5:00 p.m.) on April 6, 1983 or sent
by telegraph or certified Unites States mail postmarked not later than
April 6, 1983 {section 32135). The Board's address is:
Public ETiployrnent Relations Board
103118t::i Street
Sacrarrento, CA 95814
If you file a timely a?P=al of the refusal, any at.her party may file with
the executive assistant to the Board an original and five (5) copies of a
statement in opp'.)sition ""'ithin twenty (20} calendar days follcwing the
date of service of the Cl:!f'eal (section 32635(b}).
Service
All docrnnents authorized to be filed herein except for amendments to the
charge must also be "served" upon all parties to the proceeding, and a and a
"proof of service" must accompany the docurrent filed with the R..ogional
Office or the Board itself (see section 32140 for the requirE:.-d o:,ntents
and a sample form). 'fue docurrents will be considered properly "ser-ved 11
when personally delivered or deposited in the first-class rrail postage
paid and properly addressed.
Extension of Time
A request for an exter.sion of time in which to file a document with the
Board itself must be Lr1 w-riting and filed with the executive assistant to
the Board at the previously noted address. A request for an extension in
.
March 17, 1983
IA-CE-1616
Page 5 5
which to file a document with the Regional Office should be addressed toto
t.,e Regional Attorney. A request for an extension must be filed at least
thr2e (3) calendar days !Jefore the expiration of the ti.rre required for
filing t.rie subject dOC'..tre!'lt. The request must indicate gCXXJ cause for
the r:osition of each o~~er party regarding the extension and shall be
accanpanied by proof of service of the request UfX)n each party (section
32132) -
Final Date
If no appeal is filed within the specified time limits, the dismissal
will become f iria.l when the time limits have e.>.-pired.
Vecy truly yours,
Dennis Sullivan
General Counsel
~<tw~
M
Marjorie J. Weinzweig J. Weinzweig
Regional Attorney
~
MJTti:djm JW:djm
O'MELVENY & MYERS
400 SOUTH HOPE STREET . 1800 CENTURY PARK EAST
LOS ANGELES. CALIFSON4 90067589
LOS ANGELES CALIFORNIA 10971-2592 TELEPHONE 12131 353-9790
TELEX 67:409,
310 NEWPORT CENTER OHFIVE
TELEx 10% 24 10 01 AY ' ZWEWOOHT BEACH. CAUGONIA 92060-0479
CLESMONE (7141 760-9600 . (2131 869-8500
TELEX (7141 720-1307 10901 - 742-2089 um
O'MELVENY ~:MYERS l. ,t '· ..-. '. -
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PLACE BC LA CONCORDE
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CLEPHONE 265 39-33
TELEX 342-680715
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Te::1..e:x a42~s~071S
OUR FILE NUMBER
481,001-11
N
2
1
Marjorie Weinzweig, Esq.
R
Public Employment Relations Board
3470 Wilshire Boulevard, Suite 1001
Los Angeles, California 90010
R
D
November ovember
23rd 3rd
19 8 2 9 8 2
Marjorie Neinzweig, Esq.
Regional Attorney
Public Employment Relations Board
3470 Wilshire Boulevard, Suite 1001
Re Teachers Association of Lancaster e
v.v. Lancaster Elementary School
District, Case No. LA-CE-1616
Dear Ms. Weinzweig: ear Ms. Weinzweig:
In response to your letter of November 18 regarding
the above-captioned matter, it is the position of the
Lancaster Elementary School District {the "District") that
PERB is prohibited from issuing a complaint in this matter
at this time because of the restrictions imposed by Government
Code§ 3541.S{a) (2}.
The Second Amended Charge in this case alle~es
that the District violated the Rodda Act by unilaterally
implementing a new policy and procedure regarding jury
duty leave. As I understand it, the charge specifically
relates to a situation in which a unit member reports to
jury duty in the morning and thereafter is excused from such
duty for the remainder of the day after having served only
a short period of time or no time on the jury. The District's
policy under these circumstances has been to require thepolicy under these circumstances has been to require the
employee to report back to work after being excused from
jury duty. It appears to be the position of the Teachers
Association of Lancaster (the "Association") that this policy
is a recent change and that under prior policy a· unit m~r:tber
was not required to report back to work in these circumstances.
Article XX, Section 4.3 of the collective bargaining
agreement between t.~e District and the Association, a ~opy of
which is already on file with PERE, provides:
"It is the responsibility of the mernber to
report to work whenever the member is not
required to attend jury duty service."
EXHIBIT IR' -f lf l 13 I T i
#2 - Marjorie Weinzweig, Esq. - 11/23/82
arbitration forthwith.
S
f
#2 - ~arjorie Weinzweig, Esq. - 11/23/82
It is the District's position that this language
fully supports its policy governing unit members who are
excused from jury duty. Of course, it is possible that
the District's reading of this section may be erroneous,
but this is precisely the sort of issue which should be
initially determined by an arbitrator pursuant to
Article VII of the agreement.
Accordingly, because the conduct complained of
by the Association in the Second 1'..mended Charge is the
subject of Section 4.3 of Article XX of the agreement,
the District submits that PERB is prohibited from issuing
a complaint at this time until the parties have exhausted
the grievance machinery of the agreement, as is set forth
in Government Code§ 3541.S(a) (2). The District's position
in this matter was communicated to the Association at the
time that the Memorandum of Agreement attached as Exhibit A
to the Second Amended Charge was agreed to by the parties.
As I mentioned to you earlier, the District is willing to
waive any contentions of timeliness if this matter is
submitted to arbitration and is willing to proceed to
arbitration forthwith.
Sincerely yours,Sincerely yours,
Staren C. Ball~~ C. S,~
s&ven C. Babb
for O'MELVENY & MYERS
SCB/rc
cc: Charles R. Gustafson, Esq.
O'MELVENY & MYERS
400 SOUTH MOPE STREET 1600 CENTURY NAME CAST
405 ANGELES. CAUGONIA $3657-929
ICS ANGELES, CALIFORNIA 90071 2899 TELEx 67.4097
TELEPHONE (2131 609.5000 610 NEWPORT CENTER DRIVE
NEWBORT BEACH, CALIFORNIA 92060-0429 TELEX 67-4122 CLEPHONE (7141 760-9600 . (2:31 609-6090
O'MELVENY & MYERS"
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TELEPHONE 245 39-33
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Dec 7 11 09 PM '82 TELEX (714) 720397 :Do3) . 742-2088 urn
D
1 26,577-27
Charles R. Gustafson, Esq.
Teachers Association of Lancaster
5757 West Century Blvd., Suite #400
P.O. Box 92888
Los Angeles, California 90009
Case No. LA-CE-1616
Dear Mr. Gustafson:
the District and the Teachers Association of Lancaster.
Sincerely yours,
Steven C. Ball
S
fo
r
DeceTil!)er
ecember7th
7th1 9 8 2
9 8 2
Charles R. Gustafson, Esq.
Teachers Association of Lancaster
5757 West Century Blvd., Suite #400
P.O. Box 92888
Los Angeles, California 90009
OUR FILE: NUM96:R
OUR FILE NUMBER
26,577-27
Re Teachers Association of Lancaster
Re Teachers Association of Lancaster v. Lancaster Elementary School District,
v.Case Lancaster Elementary School District, No. LA-CE-·1616-
Dear Mr. Gustafson:
As a followup to my November 23 letter to Marjorie
WeinzweigAs a followup to my November 23 letter to Marjorie in connection with the above-captioned case, a copy
Weinzweig in connection with the above-captioned case, a copy of which was sent to you, this will confirm that the
of which was sent to you, this will confirm that the Lancaster Elementary School District is willing to waive
Lancaster Elementary School District is willing to waive any and all procedural or other contentions regarding t~e
any and all procedural or other contentions regarding the arbitrability of the above-captioned case, and ":.ha.t -':he
arbitrability of the above-captioned case, and that the District: is willing to proceed forthwith to arbitrate the
District is willing to proceed forthwith to arbitrate the merits of whether or not its policy of requiring unit
merits of whether or not its policy of requiring unit members to report back to work after being excused from jury
members to report back to work after being excused from jury duty violates the collective bargaining agreement between
duty violates the collective bargaining agreement betweenthe District and the Teachers Association of Lancaster.
Sincerely yours,
~~C.~---'
Steven Babb ·
for O'MELVENY & MYERS
C.
SCB/rc
SCB/rccc: Marjorie Weinzweig
cc: Marjorie Weinzweig
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