Category: PERB Decision

Chula Vista Elementary School District (2011) PERB Decision No. 2221-E (Issued on 11/23/11) This is a fairly run-of-the-mill retaliation case.  The employee involved had been a teacher at the Chula Vista Elementary School District (District) for 39 years.  For the last eight years the teacher had also been a “Support Provider” (SP) for the District’s Beginning Teacher Support and Assessment program.  In the spring of 2008, the teacher reapplied to be a SP for the 2008-09 school year.  Her application was rejected.  She alleged—and both the ALJ and Board agreed—that her application to be a SP for the 2008-09 school…

Palomar Community College District (2011) PERB Decision No. 2213-E (Issued on 10/27/11) What is a side-letter and when does it expire?  Those were the key issues in this case involving an alleged unilateral change.  Basically, the employer issued a letter of reprimand based on a 2005 side-letter, which did not contain an expiration clause.  The parties subsequently reached agreement on a MOU in 2006.  That MOU, however, did not contain a zipper clause or any other provision addressing the existence of the 2005 side-letter.  So did the 2005 side-letter expire upon agreement of the 2006 MOU? In other words, did…

United Teachers of Los Angeles (Adams) (2011) PERB Decision No. 2205-E (Issued on 9/27/11) Unlike the courts and some administrative agencies, PERB does not have a process allowing for a preemptory challenge against a Board agent and/or Administrative Law Judge.  Instead, PERB regulation 32155 provides that a party can request a Board agent to disqualify himself or herself, “whenever it appears that it is probable that a fair and impartial hearing or investigation cannot be held by the Board agent to whom the matter is assigned.”  What exactly does that mean?  In this case, the Board held that under PERB regulation…

Trustees of the California State University (Long Beach) (2011) PERB Decision No. 2201-H (Issued on 9/13/11) This case involved an unfair practice charge by a University lecturer alleging that the California State University retaliated against her for filing grievances and a prior PERB unfair practice charge.  The charge was initially deferred to arbitration under the applicable Memorandum of Understanding (MOU).  An arbitration decision was issued.  The employee, however, did not request “repugnancy review” of the arbitration decision within six months.  Accordingly, the Board upheld the dismissal of the request for repugnancy review because it was not timely. Member Huguenin filed…

California Correctional Peace Officers Association (2011) PERB Decision No. 2196-S Facts: In May 2009, Avenal State Prison (ASP) changed its policy on unannounced, random searches of employees to allow for the confiscation of contraband, among other changes.  ASP did not notify the union, CCPOA, of the change and CCPOA did not discover the change until after it had been implemented in May 2009.  CCPOA then filed an unfair practice charge.  CCPOA did not argue that ASP had to bargain over the decision to implement the new policy, but rather alleged that ASP failed to bargain over the effects of the decision. Majority…