PERB Decision No. 0178EA•Oakland Unified School District (PERB 0178EA)
Oakland Unified School District (PERB 0178EA)
PERB Decision No. 0178EACalperb22 de fev. de 1982
Texto completo
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD OAKLAND SCHOOL EMPLOYEES ASSOCIATION, Charging Party, PETITIONER v. OAKLAND UNIFIED SCHOOL DISTRICT, Respondent. ) ) ) Case No. SF-CE-321 Request for Reconsideration PERB Decision No. 178 PERB Decision No. 178a February 22, 1982 ) ) ) ) ) ) ) ) --------~-) l\.p~earances: Andrew Thomas Sinclair, Attorney for Oakland School Employees Association; Yvonne Garcia, Legal Advisor and Sharon D. Banks, Legal Assistant for the Oakland Unified School District. Before Gluck, Chairperson; Moore and Tovar, Members. DECISION The Oakland School Employees Association (Association) seeks reconsideration of the Public Employment Relations Board's (PERB or Board) Decision No. 178 in which we held that the Oakland Unified School District (District) did not refuse to negotiate in good faith on the Association's layoff-related proposal. The basis of this request is a claim that the Board did not consider the District's conduct which was the subject of other unfair practice charges which had been withdrawn, but which were germane to the charge on appeal. In deciding the underlying case, the Board did consider, inter alia, the totality of the employer's negotiating conduct,
including the evidence that the District conditioned its participation in mediation on the Association's withdrawing certain unfair practice charges and its cancellation of the contract extension in retaliation against the Association for having filed charges. By stipulation of the parties, the only issue in Decision No. 178 was whether the District acted unlawfully with respect to the layoff proposal. Thus, while the mediation and contract cancellation incidents may have been unfair practices, they were found not to be controlling in the face of other evidence concerning the District's negotiating behavior. As we pointed out in the underlying decision, the District's explanation of its position on the disputed proposal was "legitimate and, in the main, reasonable." When considered together with the fact that agreement had been reached on 75 percent of the provisions for a new contract before the layoff proposal was made, the Board found no basis for upholding the charge. ORDER Having shown no "extraordinary circumstances" within the meaning of PERB rule 324101, the Oakland School Employees lpERB rules and regulations are codified at CaliforniaAdministrative Code, title 8, section 31000 ~! _§_~- Section 32410(a) states: Any party to a decision of the Board itself may, because of extraordinary circumstances, file a request to reconsider the decision 2
Association's request for reconsideration is DENIED. PER CURIAM with the Board itself within 10 days following the date of service of the decision. The request for reconsideration shall be filed with the Executive Assistant to the Board and shall state with specificity the grounds claimed and, where applicable, shall specify the page of the record relied on. Service and proof of service of the request pursuant to Section 32140 are required. 3
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