Board Decisions Summary – March and April 2022
In March, the Board issued eight decisions and in April the Board issued one decision. The decision descriptions and dispositions are below.
Decision No. 2810
Employer: San Francisco Community College District
Case No.: SF-CE-3357-E
Issued date: March 14, 2022
Non-Precedential
Description: David Lisker alleged that his employer, San Francisco Community College District, violated the Educational Employment Relations Act by taking numerous adverse actions against him because he engaged in EERA-protected activities. The Office of the General Counsel (OGC) issued a partial dismissal finding there was no causal nexus between the dismissed adverse actions and Lisker’s protected activity. Lisker timely appealed.
Disposition: In a non-precedential decision, the Board affirmed the OGC’s partial dismissal after discussion of the requirement to allege facts to establish nexus.
Decision No. 2811
Organization: American Federation of Teachers, Local 2121, CFT/AFT (Lisker)
Case No.: SF-CO-846-E
Issued date: March 14, 2022
Non-Precedential
Description: David Lisker alleged that his union, American Federation of Teachers, Local 2121, CFT/A, violated the Educational Employment Relations Act by breaching the duty of fair representation. The Office of the General Counsel (OGC) dismissed the amended charge for failure to establish a prima facie case. Lisker timely appealed.
Disposition: In a non-precedential decision, the Board affirmed OGC’s dismissal.
Decision No. 2812
Employer: Mount Diablo Unified School District
Case No.: SF-CE-3463-E
Issued date: March 15, 2022
Non-Precedential
Description: PERB’s Office of the General Counsel (OGC) dismissed a charge filed by the Mount Diablo School Psychologists Association, American Federation of Teachers, Local 1902 (Association). The charge, as amended, alleged that the Mount Diablo Unified School District bargained in bad faith and/or participated in impasse procedures in bad faith, thereby violating EERA. OGC found that the amended charge did not state a prima facie case, and the Association timely appealed.
Disposition: While the Association’s appeal was pending before the Board, the parties settled their dispute. Based on the parties’ agreement, the Association asked to withdraw its appeal and dismiss the pending case. In a non-precedential decision, the Board found that it was consistent with the purposes of EERA to grant the Association’s request to withdraw its appeal, and to dismiss the unfair practice charge without leave to amend.
Decision No. 2813
Employer: Antelope Valley Community College District
Case No.: LA-CO-1786-E
Issued date: March 22, 2022
Non-Precedential
Description: Charging Party Antelope Valley Community College District appealed the dismissal of its unfair practice charge by PERB’s Office of the General Counsel (OGC). The charge, as amended, alleges that the Antelope Valley College Federation of Teachers (Federation) violated the Educational Employment Relations Act (EERA) by demanding to negotiate with the District over eliminating the District’s winter intersession term in the 2020-2021 and 2021-2022 academic years. The District alleges this conduct constitutes a per se violation of the Federation’s duty to bargain in good faith, and that the totality of the circumstances also demonstrate a violation of EERA section 3543.6, subdivision (c). OGC dismissed the charge for failure to state a prima facie case.
Disposition: Dismissal affirmed.
Order No. Ad-491
Employer: Alliance Morgan McKinzie High School et al.
Case Nos.: LA-RR-1292-E and LA-RR-1293-E
Issued date: March 23, 2022
Precedential
Description: Employers Alliance Morgan McKinzie High School (Morgan McKinzie) and Alliance Leichtman-Levine Family Foundational Environmental Science High School (Leichtman-Levine) appealed an administrative determination granting petitioner Untied Teachers Los Angeles’ (UTLA) petitions for recognition as exclusive representative of two separate bargaining units of certificated employees at Morgan McKinzie and Leichtman-Levine. The schools are two schools in a network of approximately 25 charter schools, and contended that individual school bargaining units were not appropriate because only a Network-wide bargaining unit is appropriate. Based on Alliance Judy Ivie Burton Technology Academy High, et al. (2020) PERB Decision No. 2719, where we considered and rejected the argument that the only appropriate unit configuration is Network-wide, PERB’s Office of the General Counsel rejected the schools’ arguments. Because UTLA had provided proof of majority support at each school, UTLA’s petitions certifying UTLA as the exclusive representative of the schools’ certificated employees were granted. The schools appealed.
Disposition: The Board found that the petitioned-for units at Morgan McKinzie and Leichtman-Levine are appropriate. Because UTLA has provided proof of majority support, the Board certified UTLA as the exclusive representative of the certificated units at Morgan McKinzie and Leichtman-Levine.
Decision No. 2544a
Employer: Bellflower Unified School District
Case No.: LA-CE-5955-E
Issued date: March 24, 2022
Precedential
Description: The Board reviewed a proposed decision issued as part of ongoing proceedings regarding compliance with the Board’s order in an earlier decision. That earlier decision, Bellflower Unified School District (2017) PERB Decision No. 2544, held that the District violated EERA in 2014 by subcontracting bus driver work without meeting and negotiating in good faith. The Board’s remedial order required the District to cease and desist from unilaterally implementing bargainable policies, rescind its subcontract, reinstate laid-off drivers, make them whole, and reimburse the Union for lost dues. Then, in a 2019 decision, the Board directed the District to pay the Union attorney fees as a sanction for filing a frivolous reconsideration request. After a compliance hearing, the ALJ found the District had not complied with the Board’s orders. The ALJ directed the District to do so, and the ALJ calculated interim amounts owed through December 31, 2020. Both parties excepted to the proposed decision.
Disposition: The Board affirmed most of the ALJ’s determinations, supplemented the ALJ’s analysis, and corrected several errors. In Part I, the Board determined the District failed to comply with its cease-and-desist, recission, and reinstatement obligations. In Parts II-V, the Board analyzed major compliance issues relevant to make-whole relief and the attorney fee award, and the Board explained its methods and calculations for ascertaining amounts owed. The Board ordered the District to pay the interim amounts owed through December 31, 2020, and the Board directed the ALJ to convene further compliance proceedings regarding remaining issues, including damages and interest accruing after December 31, 2020.
Decision No. 2814
Employer: Los Angeles Unified School District
Case No.: LA-CE-6633-E
Issued date: March 25, 2022
Non-Precedential
Description: Charging Parties Joei Dyes and the AnonymousKnowNothings appealed the dismissal of their unfair practice charge by PERB’s Office of the General Counsel. The charge, as amended, alleges that the Los Angeles Unified School District violated the Educational Employment Relations Act by harming Dyes’ ability to obtain and/or maintain employment with other public school employers, i.e., by “blacklisting” Dyes. OGC dismissed the charge, finding that it failed to state a prima facie case.
Disposition: Dismissal affirmed.
Decision No. 2815-M
Organization: Service Employees International Union Local 1021 (Jaye)
Case No.: SF-CO-483-M
Issued date: March 28, 2022
Non-Precedential
Description: Mikel Jaye alleged that his union, Service Employees International Union Local 1021, violated the Meyers-Milias-Brown Act by making harassing comments about Jaye’s nonmember status, excluding him from the bargaining team and from negotiation strategy discussions because of his nonmember status, and informing him that nonmembers are not permitted to vote on ratification of a memorandum of understanding. The Office of the General Counsel (OGC) dismissed the amended charge for failure to establish a prima facie case. Jaye timely appealed.
Disposition: In a non-precedential decision, the Board affirmed OGC’s dismissal.
Decision No. 2816-M
Organization: Service Employees International Union Local 721 (Lopez)
Case No.: LA-CO-264-M
Issued date: April 13, 2022
Non-Precedential
Description: Lopez appealed the dismissal of his unfair practice charge alleging that SEIU violated the Meyers-Milias-Brown Act (MMBA) by interfering with Lopez’s right to be represented; failing to represent him in good faith; discriminating against him; and slandering him and his uncle. The Office of the General Counsel dismissed the charge on the grounds that it failed to state a prima facie case of interference, discrimination, breach of the duty of fair representation, or any other unfair labor practice. Lopez appealed.
Disposition: In a non-precedential decision, the Board dismissed the unfair practice charge without leave to amend.