Davis Unified School District/New Haven Unified School District/Newark Unified School District/State Center Community College District/Centinela Valley Union High School District (PERB 0116EA)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION,
Charging Party, Case No. S-CE-78
V .
DAVIS UNIFIED SCHOOL DISTRICT,
Respondent.
NEW HAVEN TEACHERS ASSOCIATION, CTA/NEA,
Charging Party, 	Case No. SF-CE-126
V .
NEW HAVEN UNIFIED SCHOOL DISTRICT,
Respondent.
NEWARK TEACHERS ASSOCIATION,
Case No. SF-CE-127
Charging Party,
V . 	PERB Decision No. 116-a
NEWARK UNIFIED SCHOOL DISTRICT, REVISED ORDER
Employee Organization.
June 19, 1980
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION,
Charging Party, 	Case No. S-CE-80
v .
STATE CENTER COMMUNITY COLLEGE DISTRICT,
Respondent.
CENTINELA VALLEY SECONDARY TEACHERS
ASSOCIATION,
Charging Party, 	Case No. LA-CE-180
V .
CENTINELA VALLEY UNION HIGH SCHOOL
DISTRICT
Respondent.
STATE 	OF 	CALIFORNIA
DECISION 	OF THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
CALIFORNIA 	SCHOOL EMPLOYEES ASSOCIATION,
Charging 	Party,
V.
DAVIS 	UNIFIED 	SCHOOL 	DISTRICT,
Respondent.
)
)
)
)
)
)
)
___________________ )
)
)
)
)
)
)
)
)
Case 	No. 	S-CE-78
NEW HAVEN 	TEACHERS ASSOCIATION, 	CTA/NEA,
Charging 	Party,
V.
NEW HAVEN 	UNIFIED 	SCHOOL 	DISTRICT,
Respondent.
-------------------)
Case 	No. 	SF-CE-126
NEWARK TEACHERS 	ASSOCIATION,
Charging 	Party,
v ..
NEWARK UNIFIED 	SCHOOL 	DISTRICT,
Employee 	Organization.
)
)
)
)
)
)
)
___________________ )
Case 	No. 	SF-CE-127
PERB 	Decision No. 	116-a
REVISED 	ORDER
June 	19, 	1980
CALIFORNIA 	SCHOOL EMPLOYEES 	ASSOCIATION,
Charging 	Party,
v.
STATE 	CENTER COMMUNITY 	COLLEGE 	DISTRICT,
Respondent.
)
)
)
)
)
)
)
)
-------------------)
Case 	No. 	S-CE-80
CENTINELA VALLEY 	SECONDARY TEACHERS
ASSOCIATION,
Charging 	Party,
V.
CENTINELA VALLEY UNION HIGH 	SCHOOL
DISTRICT,
Res pond en t.
)
)
)
)
)
)
)
)
)
___________________ )
Case 	No. 	LA-CE-180

Appearances: Charles L. Morrone, Attorney, for California
School Employees Association; Gary G. Mathiason and Harlan E.
Van Wye, Attorneys (Littler, Mendelson, Fastiff & Tichy) , for
Davis Joint Unified School District; J. Michael Amis, Attorney
(White, Giambroni & Walters) , for New Haven Teachers
Association, CTA/NEA and for Newark Teachers Association; Jon A.
Hudak, Attorney (Breon, Galgani & Godino) , for New Haven Unified
School District; Lee T. Paterson, Attorney (Paterson and
Taggart) , for Newark Unified School District; Robert W. Stroup,
Attorney (Paterson & Taggart) for State Center Community College
District; Charles R. Gustafson, Attorney for Centinela Valley
Secondary Teachers Association; William Kay, Attorney (Whitmore
& Kay) for Centinela Valley Union High School District.
Before Gluck, Chairperson; Gonzales, Member.
DISCUSSION
1 . 	On June 22, 1978, the Davis Unified School District
reached an agreement with California School Employees
Association providing for retroactive payment of the
step increments that had been unlawfully withheld by
the Davis District.
2. 	On October 19, 1978, the Centinela Valley Union School
District reached an agreement with the Centinela
Valley Secondary Teachers Association providing for
retroactive payment of the step and column increments
that had been unlawfully withheld by the Centinela
District.
3. 	On May 9, 1978, the Newark Unified School District
reached agreement with the Newark Teachers Association
providing for retroactive payment of step and column
Board Member Moore did not participate in this decision.
2
Aphearances:	
Charles
	L.
	Morrone,
	Attorney, 	for
	California
	•
Sc
	ool
	Employees
	Association;
	Gary
	G.
	Mathiason
	and
	Harlan
	E.Van 	Wye,
	Attorneys
	(Littler,
	Mendelson,
	Fastiff
	&
Tichy), 	for
Davis
	Joint
	Unified
	School
	District; 	J.
	Michael
	Amis,
	Attorney
(White,
	Giambroni
	&
Walters), 	for
	New
	Haven
	~eachers
Association,
	CTA/NEA
	and
	for
	Newark
	Teachers
	Association;
	Jon
	A.
Hudak,
	Attorney
	(Breon,
	Galgani
	&
Godino),
	for
	New
	Haven
	Unified
School
	District;
	Lee
	T.
	Paterson,
	Attorney 	(Paterson
	and
Taggart), 	for
	Newark
	Unified
	School
	District;
	Robert
	w.
	Stroup,Attorney 	(Paterson	
&	
Taggart)
	for
	State
	Center
	Community
	College
District;
	Charles
	R.
	Gustafson, 	Attorney
	for 	Centinela 	Valley
Secondary 	Teachers
	Association;
	William
	Kay,
	Attorney
	(Whitmore& Kay)
	for 	Centinela 	Valley
	Union 	High
	School
	District.
Before 	Gluck,
	Chairperson; 	Gonzales,
	Member.1
DISCUSSION
We have received notification that:	
we
	have
	received
	notification 	that:
1.	
On
	June 	22, 	1978,
	the
	Davis
	Unified
	School
	District
reached
	an
	agreement
	with
	California
	School
	Employees
Association 	providing 	for
	retroactive
	payment
	of 	the
step
	increments
	that
	had
	been
	unlawfully 	withheld
	by
the
	Davis
	District.
2.	
On
	October 	19, 	1978,
	the 	Centinela Valley
	Union
	School
District
	reached
	an
	agreement 	with 	the 	Centinela
Valley 	Secondary 	Teachers 	Association 	providing 	for
retroactive
	payment
	of 	the
	step
	and 	column
	increments
that
	had 	been
	unlawfully 	withheld
	by
	the 	Centinela
District.
3.	
On 	May
	9, 	1978, 	the
	Newark
	Unified 	School
	District
reached 	agreement 	with 	the
	Newark
	Teachers 	Association
providing 	for 	retroactive
	payment
	of 	step
	and 	column
1Board Member 	Moore 	did 	not 	participate 	in 	this 	decision.
2

increments that had been unlawfully withheld by the
Newark District.
Pursuant to our statement in Davis Unified School District
et al. (2/22/80) PERB Decision No. 116 that "[ijn the event
that any of these districts has reached an agreement with the
exclusive representative which includes the retroactive
restoration of the withheld salary increments, that District
may notify the Board so that a Revised Order and notice may be
issued, " we issue the following Revised Order and notices. Our
original order required the districts to reinstate the salary
increments and to make retroactive payment of the withheld
increments plus 7 percent interest. We find that the parties'
agreements, which provided for retroactive salary increments,
were not intended to settle the unfair practice charges based
on the districts' salary freezes. Therefore, while we modify
our order by deleting the requirement that the districts make
retroactive payment, we find it appropriate to retain our
remedy requiring the districts to pay interest on the
unlawfully withheld salary increments from the date the
increments were withheld through the date they were reinstated.
The Revised Order is a revision of and replaces the Order
issued on February 22, 1980. The revised notices replace the
previously issued notices applicable to the Davis, Centinela
Valley, and Newark Districts.
W
increments
	that
	had
	been
	unlawfully 	withheld
	by
	the
Newark
	District.
Pursuant
	to
	our
	statement 	in
	Davis
	Unified
	School
	District
et 	al.
	(2/22/80)
	PERB
	Decision
	No. 	116
	that
	11
[i]n
	the 	event
that
	any
	of
	these
	districts
	has 	reached
	an
	agreement
	with
	the
exclusive 	representative
	which
	includes 	the
	retroactive
restoration
	of 	the 	withheld
	salary
	increments,
	that 	District
may
	notify
	the
	Board
	so
	that
	a
	Revised
	Order
	and
	notice
	may
	be
issued,"
	we
	issue
	the 	following
	Revised 	Order
	and
	notices.
	Our
original
	order 	required 	the
	districts
	to
	reinstate
	the
	salary
increments
	and
	to
	make
	retroactive
	payment
	of 	the 	withheld
increments
	plus	
7	
percent
	interest.
	We
	find
	that
	the
	parties'
agreements,
	which
	provided 	for
	retroactive 	salary
	increments,
were
	not 	intended
	to
	settle
	the
	unfair 	practice
	charges 	based
on
	the
	districts'
	salary 	freezes. 	Therefore, 	while
	we
	modify
our
	order
	by
	deleting
	the 	requirement
	that
	the
	districts
	make
retroactive
	payment,
	we
	find
	it
	appropriate 	to
	retain
	our
remedy
	requiring 	the
	districts
	to
	pay
	interest
	on
	the
unlawfully 	withheld
	salary
	increments	
from	
the 	date 	the
increments
	were
	withheld	
through
	the 	date 	they	
were
	reinstated.
The
	Revised	
Order	
is
	a
	revision 	of
	and	
replaces 	the 	Order
issued
	on 	February 	22, 	1980. 	The	
revised 	notices 	replace 	the
previously 	issued 	notices 	applicable 	to 	the 	Davis, 	Centinela
Valley,
	and 	Newark
	Districts.
3

REVISED ORDER
Upon the foregoing facts, conclusions of law and the entire
records in these cases, the Public Employment Relations Board
ORDERS that:
1 . 	The Davis Unified School District, the New Haven
Unified School District, the Newark Unified School
District, the State Center Community College District,
and the Centinela Valley Union High School District
shall cease and desist from taking unilateral action
with respect to employee wages, hours, or terms and
conditions of employment as defined by Government Code
section 3543.2, without providing the exclusive
representative with notice and opportunity to
negotiate .
2 . 	The Davis Unified School District shall pay to
classified employees interest at the rate of 7 percent
on the amount of salary increments withheld from
July 1, 1977, to the date those increments were
reinstated.
3. 	The Newark Unified School District shall pay to
certificated employees interest at the rate of 7
percent on the amount of salary increments withheld
from July 1, 1977, to the date those increments were
reinstated.
4. 	The State Center Community College District shall
reinstate yearly salary increments for classified
employees, with interest at the rate of 7 percent for
the amount due from July 1, 1977, to the date of
reinstatement.
The Centinela Valley Union High School District shall
pay to certificated employees interest at the rate of
7 percent on the amount of salary increments withheld
from September 7, 1977, to the date those increments
were reinstated.
6 . 	Each district shall:
(a) 	Post at all school sites, and all other work
locations where notices to employees customarily
are placed, immediately upon receipt thereof,
copies of the appropriate notice attached as an
appendix hereto. Such posting shall be
REVISED
	ORDER
Upon
	the 	foregoing
	facts,
	conclusions 	of
	law 	and
	the
	entire
records 	in 	these
	cases,
	the 	Public
	Employment
	Relations
	Board
ORDERS
	that:
1.	
The
	Davis
	Unified
	School
	District,
	the
	New
	Haven
Unified
	School
	District,
	the
	Newark
	Unified
	School
District,
	the
	State
	Center
	Community
	College
	District,
and
	the 	Centinela
	Valley
	Union 	High
	School
	Districtshall
	cease
	and
	desist
	from
	taking
	unilateral
	action
with
	respect 	to
	employee
	wages,
	hours, 	or
	terms
	and
conditions 	of
	employment
	as
	defined
	by
	Government
	Code
section
	3543.2, 	without 	providing 	the
	exclusive
representative
	with
	notice
	and
	opportunity 	to
negotiate.
2.	
The
	Davis
	Unified
	School
	District 	shall
	pay
	to
classified
	employees
	interest 	at
	the
	rate
	of	
7	
percent
on
	the
	amount
	of
	salary
	increments 	withheld
	from
July
	1,
	1977,
	to
	the 	date 	those 	increments
	were
reinstated.
3.	
The 	Newark
	Unified
	School
	District 	shall
	pay
	to
certificated
	employees
	interest 	at
	the
	rate
	of
	7
percent
	on
	the
	amount	
of	
salary
	increments 	withheld
from
	July 	1, 	1977,
	to 	the 	date 	those 	increments
	were
reinstated.
4.	
The
	State
	Center
	Community
	College
	District 	shall
reinstate
	yearly 	salary
	increments 	for
	classified
employees, 	with
	interest 	at
	the
	rate
	of	
7	
percent 	for
the
	amount 	due 	from
	July 	1,
	1977,
	to 	the 	date 	of
reinstatement.
5.	
The
	Centinela 	Valley
	Union 	High
	School
	District 	shall
pay
	to
	certificated
	employees
	interest 	at
	the
	rate 	of
7	
percent	
on	
the
	amount
	of 	salary
	increments 	withheld
from 	September
	7,
	1977,
	to 	the 	date 	those 	increments
were
	reinstated.
6.	
Each
	district 	shall:
{a)	
Post
	at 	all
	school
	sites,
	and
	all
	other
	work
locations
	where
	notices 	to
	employees
	customarily
are 	placed, 	immediately
	upon
	receipt 	thereof,copies 	of 	the 	appropriate 	notice 	attached 	as 	an
appendix 	hereto.
	Such
	posting 	shall
	be
4

maintained for a period of 30 consecutive days
from receipt thereof. Reasonable steps should be
taken to insure that said notices are not
altered, defaced or covered by any other material.
( b ) 	Notify the appropriate regional director of the
Public Employment Relations Board, in writing,
within 20 days from the date of service of this
Decision, of what steps the District has taken
to comply herewith.
This Revised Order shall become effective immediately
upon service of a true copy thereof on each district.
Harry Gluck, Chairperson
maintained
	for
	a
	period 	of
	30
	consecutive
	days
from
	receipt
	thereof.
	Reasonable
	steps
	should
	be
taken 	to
	insure
	that 	said
	notices 	are
	~ot
altered,
	defaced
	or
	covered
	by
	any
	other 	material.
(b)	
Notify
	the 	appropriate 	regional
	director
	of
	thePublic
	Employment
	Relations
	Board,
	in
	writing,
within
	20
	days 	from
	the 	date 	of
	service
	of 	this
Decision,
	of
	what
	steps
	the
	District
	has
	taken
to
	comply
	herewith.
This 	Revised 	Order
	shall
	become
	effective
	immediately
upon
	service 	of
	a
	true
	copy
	thereof
	on
	each
	district.
By: / Raymond J. Gonzales, Member	
Ha7y--'
1
<fiu
1
11<,
-
Chairperson
/
5

Appendix: Notice.
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD,
An Agency of the State of California
After a hearing in Unfair Practice Case No. SF-CE-127, in
which all parties had the right to participate, it had been
Found that the Newark Unified School District violated the
Educational Employment Relations Act by taking unilateral
action regarding salary increments, without providing the
exclusive representative, Newark Teachers Association, with
notice and opportunity to negotiate. As a result of this
conduct, we have been ordered to post this notice. 	We will
abide by the following:
(a) WE WILL NOT take unilateral action regarding proposed
changes of employee wages, hours or terms or conditions of
employment, without providing the exclusive representative with
notice and opportunity to negotiate.
(b) WE WILL pay to certificated employees interest at
7 percent on the amount of salary increments withheld from
July 1, 1977 to the date those increments were reinstated.
NEWARK UNIFIED SCHOOL DISTRICT
By :
Superintendent
Dated :
This is an official notice. It must remain posted for
30 consecutive days from the date of posting and must not be
defaced, altered or covered by any material.
6
Appendix:
	Notice.
NOTICE
	TO
	EMPLOYEES
POSTED
	BY
	ORDER OF 	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD,
An
	Agency
	of
	the
	State
	of
	California
After
	a
	hearing
	in 	Unfair
	Practice
	Case
	No.
	SF-CE-127,
	in
which
	all
	parties
	had
	the
	right
	to
	participate,
	it
	had
	been
found
	that
	the
	Newark
	Unified
	School
	District
	violated
	the
Educational
	Employment
	Relations
	Act	
by	
taking
	unilateral
action
	regarding
	salary
	increments, 	without 	providing 	the
exclusive
	representative,
	Newark
	Teachers
	Association,
	with
notice
	and
	opportunity
	to 	negotiate.
	As
	a
	result
	of
	this
conduct,
	we
	have 	been
	ordered
	to 	post
	this
	notice.
	We
	will
abide
	by
	the 	following:
(a)	
WE
	WILL
	NOT
	take
	unilateral
	action
	regarding
	proposedchanges
	of
	employee 	wages,
	hours
	or
	terms
	or
	conditions 	of
employment,
	without 	providing 	the 	exclusive
	representative
	with
notice
	and
	opportunity 	to 	negotiate.
(b)	
WE
	WILL
	pay
	to
	certificated
	employees
	interest 	at
7
	percent
	on
	the
	amount
	of
	salary
	increments 	withheld
	from
July 	1,
	1977
	to
	the 	date 	those 	increments
	were
	reinstated.
NEWARK
	UNIFIED
	SCHOOL
	DISTRICT
By:
----,,--.------------
Superintendent
Dated:
This
	is
	an
	official
	notice.
	It
	must 	remain
	posted 	for
30
	consecutive
	days
	from
	the 	date 	of 	posting
	and 	must
	not
	be
defaced,
	altered
	or 	covered 	by	
any
	material.
6

Appendix: Notice.
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD,
An Agency of the State of California
After a hearing in Unfair Practice Case No. S-CE-78, in
which all parties had the right to participate, it had been
found that the Davis Unified School District violated the
Educational Employment Relations Act by taking unilateral
action regarding proposed changes of employee wages and step
increments, without providing the exclusive representative,
California School Employees Association, with notice and
opportunity to negotiate. As a result of this conduct, we have
been ordered to post this notice. We will abide by the
following :
(a)
changes of employee wages, hours or terms or conditions of
employment, without providing the exclusive representative with
notice and opportunity to negotiate.
(b) WE WILL pay to classified employees interest at
percent on the amount of salary increments withheld from
July 1, 1977 to the date those increments were reinstated.
DAVIS UNIFIED SCHOOL DISTRICT
By :
Superintendent
Dated :
WE WILL NOT take unilateral action regarding proposed
This is an official notice. It must remain posted for
30 consecutive days from the date of posting and must not be
defaced, altered or covered by any material.
Appendix:
	Notice.
NOTICE
	TO
	EMPLOYEES
POSTED
	BY
	ORDER
	OF 	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD,
An
	Agency
	of
	the
	State
	of
	California
After
	a
	hearing
	in 	Unfair
	Practice
	Case
	No.
	S-CE-78,
	in
which
	all
	parties
	had
	the
	right 	to
	participate,
	it
	had
	beenfound
	that
	the
	Davis
	Unified
	School
	District
	violated
	the
Educational
	Employment
	Relations
	Act
	by
	taking
	unilateral
action
	regarding
	proposed 	changes
	of
	employee
	wages 	and
	step
increments, 	without 	providing 	the
	exclusive
	representative,
Californa
	School
	Employees
	Association,
	with
	notice
	and
opportunity 	to 	negotiate.
	As
	a
	result
	of
	this
	conduct,
	we
	have
been
	ordered
	to 	post
	this
	notice.
	We
	will
	abide
	by
	thefollowing:
(a)	
WE
	WILL
	NOT
	take
	unilateral
	action
	regarding
	proposedchanges
	of
	employee 	wages,
	hours 	or
	terms
	or
	conditions 	of
employment,
	without 	providing 	the 	exclusive
	representative
	with
notice
	and
	opportunity 	to 	negotiate.
(b)	
WE
	WILL
	pay
	to
	classified
	employees
	interest 	at
7	
percent
	on
	the
	amount
	of
	salary
	increments 	withheld
	om
July 	1,
	1977
	to
	the 	date 	those 	increments
	were
	reinstated.
DAVIS
	UNIFIED
	SCHOOL
	DISTRICT
By:
-----,,--------------
Superintendent
Dated:
This
	is
	an
	official
	notice.
	It
	must 	remain
	posted 	for
30
	consecutive
	days
	from
	the 	date 	of 	ting
	must
	not
f 	,
	al
	or
	cove
	rial.
7

Appendix: Notice.
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD,
An Agency of the State of California
After a hearing in Unfair Practice Case No. LA-CE-180, in
which all parties had the right to participate, it had been
found that the Centinela Valley Union High School District
violated the Educational Employment Relations Act by taking
unilateral action regarding salary increments, without
providing the exclusive representative, Centinela Valley
Secondary Teachers Association, with notice and opportunity to
negotiate. As a result of this conduct, we have been ordered
to post this notice. We will abide by the following:
(a) WE WILL NOT take unilateral action regarding proposed
changes of employee wages, hours or terms or conditions of
employment, without providing the exclusive representative with
notice and opportunity to negotiate.
(b) WE WILL pay to certificated employees interest at
7 percent on the amount of salary increments withheld from
September 7, 1977 to the date those increments were reinstated.
CENTINELA UNIFIED SCHOOL DISTRICT
By :
Dated :
Co
Appendix:
	Notice.
NOTICE
	TO
	EMPLOYEES
POSTED
	BY
	ORDER OF 	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD,
An
	Agency
	of 	the
	State
	of
	California
After
	a
	hearing
	in 	Unfair
	Practice
	Case
	No. 	LA-CE-180,
	in
which
	all
	parties
	had
	the
	right
	to
	participate,
	it
	had
	been
found
	that
	the
	Centinela
	Valley
	Union 	High
	School
	District
violated
	the 	Educational
	Employment
	Relations
	Act
	by
	taking
unilateral
	action
	regarding
	salary
	increments, 	without
providing 	the
	exclusive
	representative,
	Centinela 	Valley
Secondary 	Teachers
	Association,
	with
	notice
	and
	opportunity
	to
negotiate.
	As
	a
	result
	of
	this
	conduct,
	we
	have 	been
	ordered
to
	post
	this
	notice.
	We
	will
	abide
	by
	the 	following:
(a)	
WE
	WILL
	NOT
	take
	unilateral
	action
	regarding
	proposed
changes
	of
	employee 	wages,
	hours
	or
	terms 	or
	conditions 	of
employment,
	without 	providing 	the
	exclusive 	representative
	with
notice
	and
	opportunity 	to 	negotiate.
(b)	
WE
	WILL
	pay
	to
	certificated
	employees
	interest 	at
7
	percent
	on
	the
	amount
	of
	salary
	increments 	withheld
	from
September
	7,
	1977
	to 	the 	date 	those 	increments
	were
	reinstated.
CENTINELA
	UNIFIED
	SCHOOL
	DISTRICT
By:
----------------
Superintendent	Super intendent
Dated:
This is an official notice. It must remain posted for
30 consecutive days from the date of posting and must not be
defaced, altered or covered by any material.
This
	is
	an
	official
	notice.
	It
	must 	remain
	posted 	for
30
	consecutive
	days
	from
	the 	date 	of 	posting
	and 	must
	not 	be
de 	,
	altered
	or 	covered
	any
	material.
8