PERB Decision No. 0207EA•South Bay Union School District Board of Trustees * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * (PERB 0207EA)
South Bay Union School District Board of Trustees * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * (PERB 0207EA)
PERB Decision No. 0207EACalperb19 de ago. de 1982
Texto completo
STATE OF CALIFORNIA DECISION OF THE DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD STATE OF CALIFORNIA SOUTHWEST TEACHERS ASSOCIATION, Charging Party, Charging Party, v. SOUTH BAY UNION SCHOOL DISTRICT BOARD OF TRUSTEES, Respondent. SOUTHWEST TEACHERS ASSOCIATION, Case No. LA-CE-382 CE-382 Request for Reconsideration PERB Decision Request for Reconsideration No. 207 PERB Decision PERB Decision No. No. 207a August 19, 1982 07a Case No. LA- Appearances: Appearances: C Charles R. Gustafson, Attorney for Southwest Teachers Association; Clifford D. Weiler, Attorney (Brown and Conradi) for South Bay Union School District Board of Trustees. h Before Jaeger, Morgenstern and Tovar, Members. Before Jaeger, Morgenstern and Tovar, Members. REQUEST FOR RECONSIDERATION REQUEST FOR RECONSIDERATION Following the issuance of the Public Employment Relations Board's (PERB or Board) decision in South Bay Union School District Board of Trustees (4/30/82) PERB Decision No. 207, the Board received a request for reconsideration from the South Bay Union School District Board of Trustees (District). Following the issuance of the Public Employment Relations That request was made pursuant to PERB rule 1 32410(a) (a) which which provides: provides: That request was made pursuant to PERB rule 32410 Any party to a decision of the Board itself may, because of extraordinarycircumstances, file a request to reconsider the decision with theBoard itself within 10 days following Any party to a decision of the Board ) ) ) ) ) ) ) ) ) ) ) 1 PERB rules are codified at California AdministrativeCode, title 8, sections 31000 et seq. PERB rules are codified at California Administrative PUBLIC EMPLOYMENT RELATIONS BOARD v . SOUTH BAY UNION SCHOOL DISTRICT BOARD OF TRUSTEES, Respondent. o. 207 2 arles R. Gustafson, Attorney for Southwest Teachers Association; Clifford D. Weiler, Attorney (Brown and Conradi) for South Bay Union School District Board of Trustees. Board's (PERB or Board) decision in South Bay Union School District Board of Trustees (4/30/82) PERB Decision No. 207, the Board received a request for reconsideration from the South Bay Union School District Board of Trustees (District) . itself may, because of extraordinary circumstances, file a request to reconsider the decision with the Board itself within 10 days following Code, title 8, sections 31000 et seq. PERB Decision N August 19, 1982 * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
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 31240 are required. the date of service of the decision. This rule, which permits reconsideration because of "extraordinary circumstances," has been interpreted in prior Board decisions to permit reconsideration when the Board finds that substantial errors of law or fact have been demonstrated. Bassett Unified School District (3/23/79) PERB Order No. Ad-62. This rule, which permits reconsideration because of DECISION AND ORDER DECISION AND ORDER The Request for Reconsideration is granted. We found We found that the unfair practice committed by the District was its failure to negotiate the impact of its decision to abolish the lead teacher positions in question. Given this legal conclusion, upon reconsideration, we hereby amend the back-pay portion of the Order attached to the original . The Request for Reconsideration is granted. 2 We herein ORDER the District to bargain with the Southwest Teachers Association (Association), upon d ecision. decision." We herein ORDER the District to bargain with The Board's decision to grant the District's request 2The Board's decision to grant the District's request for for reconsideration is based on its view that a more reconsideration is based on its view that a more appropriate remedy is required. This is not based on the District's allegations concerning its request to bargain subsequent to the hearing officer's proposed decision but before the Board issued its final decision. appropriate remedy is required. This is not based on the 22 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 31240 are required. "extraordinary circumstances, " has been interpreted in prior Board decisions to permit reconsideration when the Board finds that substantial errors of law or fact have been demonstrated. Bassett Unified School District (3/23/79) PERB Order No. Ad-62. that the unfair practice committed by the District was its failure to negotiate the impact of its decision to abolish the lead teacher positions in question. Given this legal conclusion, upon reconsideration, we hereby amend the back-pay portion of the Order attached to the original . the Southwest Teachers Association (Association) , upon District's allegations concerning its request to bargain subsequent to the hearing officer's proposed decision but before the Board issued its final decision.
request,
over
the
effects
of the
decision
to
alter
the
work
assignment
of lead teachers
and
to
pay
to the
affected
employees
a
rate
of
pay
which
reflects
the
pro
rata
share
of
their
salary
commensurate
with
their
duties
as lead teachers
request, over the effects of the decision to alter the
3
from
ten
days
of
the date of
service
of
this
decision
until
the occurrence
of
the
earliest
of
the following
conditions:
(1)
the date the
District
negotiates
an
agreement
with the Association
over
the
effects
of
the
decision
to
alter
job
duties
of lead
teachers; (2)
a
bona
fide
impasse
is
declared;
(3)
the
failure
of the Association to request negotiations
within
ten
days
of service of
this
decision
or
to
commence
negotiations within
four days
of the
District's
notice
of
its
desire
to
negotiate
with the
Association;
or
{4)
the
subsequent
failure
of the Association to negotiate in
good
faith.
In
no
event
shall
the
sum
paid to
any
of these
employees exceed
the pro
rata
amount
they
would
have
earned as
lead teachers
from
the date
on which
the
District altered
the lead teachers
1
positions
to the
time they secured or refused equivalent
employment
elsewhere.
However,
in
no
event
shall this
sum be
less
than
these
employees
would have
earned for
a two-week
of this decision until the occurrence of the earliest of
3 3 The pro
rata
share
shall reflect
both the lead
teacher
differential
and
the extra
day assignment.
The pro rata share shall reflect both the lead
3
work assignment of lead teachers and to pay to the
affected employees a rate of pay which reflects the pro
rata share of their salary commensurate with their duties
as lead teachers3 from ten days of the date of service
the following conditions: (1) the date the District
negotiates an agreement with the Association over the
effects of the decision to alter job duties of lead
teachers; (2) a bona fide impasse is declared; (3) the
failure of the Association to request negotiations within
ten days of service of this decision or to commence
negotiations within four days of the District's notice of
its desire to negotiate with the Association; or (4) the
subsequent failure of the Association to negotiate in good
faith. In no event shall the sum paid to any of these
employees exceed the pro rata amount they would have
earned as lead teachers from the date on which the
District altered the lead teachers' positions to the
time they secured or refused equivalent employment
elsewhere. However, in no event shall this sum be less
than these employees would have earned for a two-week
teacher differential and the extra day assignment.period at the rate of pay when employed as lead teachers period at the rate of pay when employed as lead teachers prior to the District's unilateral action. prior to the District's unilateral action." 4 We further ORDER that the District shall: We further ORDER that the District shall: 1 . Prepare and post copies of the notice attached hereto as Appendix "A" within ten (10) workdays following service at each of its work sites for thirty (30) workdays in conspicuous places, including all locations where notices to certificated employees are customarily posted. 1. 2. Hithin ten (10) workdays after the end of the posting period, notify the Los Angeles Regional Director of the Public Employment Relations Board, in writing, of By : Marty Morgenstern, Member ~~ John W. Jaeger, Member 2. John W. Jaeger, Member Irene Tovar, Member Irene Tovar, Member 4 see Transmarine Navigation Corporation (1968) 170 NLRB 389 [67 LRRM 1419]; Solano County Community College District (6/30/82) PERB Decision No. 219. See Transmarine Navigation Corporation (1968) 4 Prepare and post copies of the notice attached hereto as Appendix "A" within ten (10) workdays following service at each of its work sites for thirty (30) workdays in conspicuous places, including all locations where notices to certificated employees are customarily posted. Within ten (10) workdays after the end of the posting period, notify the Los Angeles Regional Director of the Public Employment Relations Board, in writing, of 170 NLRB 389 [67 LRRM 1419] ; Solano County Community College District (6/30/82) PERB Decision No. 219.
APPENDIX A NOTICE TO EMPLOYEES POSTED BY ORDER OF THE PUBLIC EMPLOYMENT RELATIONS BOARD An Agency of the State of California NOTICE TO EMPLOYEES After a hearing in Case No. LA-CE-382, Southwest Teachers Association v. South Bay Union School District Board of Trustees, in which both parties had the right to participate, it has been found that the South Bay Union School District Board of Trustees violated the Educational Employment Relations Act (Government Code subsections 3543.S(a), (b) and (c)) by taking unilateral action changing wages and hours of employment of employees who are lead teachers and represented by the Southwest Teachers Association. As a result of this conduct, we have been ordered to post this notice. We will abide by the following: After a hearing in Case No. LA-CE-382, Southwest Teachers A. CEASE AND DESIST FROM: A. 1. Failing and refusing to meet and negotiate in good faith with the exclusive representative by taking unilateral action on matters within the scope of representation. 1. 2. Denying the Association its right to represent unit members by failing and refusing to meet and negotiate about matters within the scope of representation. 2. 3. Interfering with employees' right to select an exclusive representative to meet and negotiate with the employer on their behalf by unilaterally changing matters within the scope of representation. 3 A APPENDIX 1 . Interfering with employees' right to select an exclusive representative to meet and negotiate with the employer on their behalf by unilaterally changing matters within the scope of representation. POSTED BY ORDER OF THE PUBLIC EMPLOYMENT RELATIONS BOARD An Agency of the State of California Association v. South Bay Union School District Board of Trustees, in which both parties had the right to participate, it has been found that the South Bay Union School District Board of Trustees violated the Educational Employment Relations Act (Government Code subsections 3543.5 (a) , (b) and (c) ) by taking unilateral action changing wages and hours of employment of employees who are lead teachers and represented by the Southwest Teachers Association. As a result of this conduct, we have been ordered to post this notice. We will abide by the following: CEASE AND DESIST FROM: Failing and refusing to meet and negotiate in good faith with the exclusive representative by taking unilateral action on matters within the scope of representation. Denying the Association its right to represent unit members by failing and refusing to meet and negotiate about matters within the scope of representation.
B. TAKE THE FOLLOWING AFFIRMATIVE ACTIONS WHICH ARE NECESSARY TO EFFECTUATE THE POLICIES OF THE EDUCATIONAL EMPLOYMENT RELATIONS ACT: B 1. Negotiate, upon request, with the Southwest Teachers Association over the effects of the decision to alter the work assignment of lead teachers. 1 2. Reimburse the affected employees at a rate of pay which reflects the pro rata share of their salary commensurate with their duties as lead teachers from ten (10) days of the date of service of this decision until the occurrence of the earliest of the following conditions: 2. a. The date the District negotiates an agreement with the Association over the effects of the decision to alter job duties of lead teachers. a. b. A bona fide impasse is declared. b. c. The failure of the Association to request negotiations within ten (10} days of service of this decision or to commence negotiations within four (4) days of the District's notice of its desire to negotiate with the Association. c. d. The subsequent failure of the Association to negotiate in good faith. d. In no event shall the sum paid to any of these employees exceed the pro rata amount they would have earned as lead teachers from the date on which the District altered the lead teachers 1 positions to the time they secured or refused equivalent employment elsewhere. However, in In no event shall the sum paid to any of these employees 22 . TAKE THE FOLLOWING AFFIRMATIVE ACTIONS WHICH ARE NECESSARY TO EFFECTUATE THE POLICIES OF THE EDUCATIONAL EMPLOYMENT RELATIONS ACT: . Negotiate, upon request, with the Southwest Teachers Association over the effects of the decision to alter the work assignment of lead teachers. Reimburse the affected employees at a rate of pay which reflects the pro rata share of their salary commensurate with their duties as lead teachers from ten (10) days of the date of service of this decision until the occurrence of the earliest of the following conditions: The date the District negotiates an agreement with the Association over the effects of the decision to alter job duties of lead teachers. A bona fide impasse is declared. The failure of the Association to request negotiations within ten (10) days of service of this decision or to commence negotiations within four (4) days of the District's notice of its desire to negotiate with the Association. The subsequent failure of the Association to negotiate in good faith. exceed the pro rata amount they would have earned as lead teachers from the date on which the District altered the lead teachers' positions to the time they secured or refused equivalent employment elsewhere. However, in
no event shall this sum be less than these employees would have earned for a two-week period at the rate of pay when employed as lead teachers prior to the District's unilateral action. no event shall this sum be less than these employees would 3. Pay, in addition to the amounts specified in subparagraph 2 above, seven (7) percent interest per annum on the amount owing to each employee, measured by the duration described in subparagraph 2. 3. Dated: Dated : South Bay Union School District Board of Trustees South Bay Union School District By Authorized Agent By THIS IS AN OFFICIAL NOTICE. IT MUST REMAIN POSTED FOR AT LEAST 30 WORKDAYS FROM THE DATE OF THIS POSTING AND MUST NOT BE DEFACED, ALTERED; OR COVERED BY ANY MATERIAL. THIS IS AN OFFICIAL NOTICE. IT MUST REMAIN POSTED FOR AT 33 have earned for a two-week period at the rate of pay when employed as lead teachers prior to the District's unilateral action. Pay, in addition to the amounts specified in subparagraph 2 above, seven (7) percent interest per annum on the amount owing to each employee, measured by the duration described in subparagraph 2. Board of Trustees Authorized Agent LEAST 30 WORKDAYS FROM THE DATE OF THIS POSTING AND MUST NOT BE DEFACED, ALTERED, OR COVERED BY ANY MATERIAL.
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