Court and Public Employment Relations Board (PERB) decisions, commentary on California public sector labor relations

Trustees of the California State University (PERB Dec. No. 1886H) (Issued 02/20/07)Union alleged that employer unilaterally repudiated a policy of granting release time to employees for the purpose of attending PERB proceedings. Board adopted ALJ decision which found that union “failed to demonstrate by a preponderance of the evidence that the University had a binding past practice of granting released time for PERB informal conferences not contemplated within the MOU.” Charge and complaint dismissed.Analysis: Standard application of well-settled law on unilateral changes to the specific facts in this case.

King City Joint Union High School District (PERB Dec. No. 1777Ea) (Issued 2/16/07)Another interesting situation. In King City Joint Union High School District (PERB Decision No. 1777), the Board held that the district improperly calculated a negotiated salary formula and ordered make-whole relief. During the enforcement stage, the parties discovered that make-whole relief would cost the district $5.2 million out of a $17-$18 million dollar budget. According to the parties, the effect of forcing the district to pay the $5.2 million at once would mean bankruptcy for the district - an option that neither party wanted.Based on the dire financial…

Kern High Faculty Association CTA/NEA (Maaskant) (PERB Dec. No. 1885-E) (Issued February 14, 2007)Employee brought unfair practice charge against union for declaring him ineligible to serve on union’s Representative Council because he was an agency fee payer. Board precedent provides that "matters concerning internal union affairs are generally immune from review, unless they have a substantial impact on the relationships of unit members to their employers so as to give rise to a duty of fair representation, or involve retaliations for protected activity.” Applying this doctrine to the facts, the Board affirmed the dismissal of the charge.

Burlingame Elementary School District (PERB Dec. No. J024-E) (Issued February 14, 2007)District sought reconsideration and/or judicial review of a PERB decision finding that an employee did not occupy a “confidential position” within the meaning of EERA. Applying established law to the facts, the Board denied both requests.

Los Angeles Unified School District (PERB Dec. No. 1884-E) (Issued January 30, 2007)In this case, a school district refused to bargain over the terms and conditions of employment of several employee classifications in its supervisory unit, which PERB had two years earlier found to be non-management. Los Angeles Unified School District (PERB Dec. No. 1664. The District’s only defense was that PERB’s prior decision was wrong, and that the disputed classifications were in fact managerial. The District characterized its action as a “technical refusal to bargain.”Under NLRA, there is generally no direct judicial review from the Board’s decision as to…