Decision 2989E – Trona Joint Unified School District
LA-CE-6908-E
Decision Date: September 18, 2025
Decision Type: PERB Decision (Non-Precedential)
Description: Trona Teachers Association, CTA/NEA (Association) filed an unfair practice charge alleging that the Trona Joint Unified School District violated the Educational Employment Relations Act (EERA) when it unilaterally refused to process an Association grievance to arbitration. After the parties agreed to submit the case on a stipulated record, an administrative law judge (ALJ) issued a proposed decision finding that the District unilaterally changed policy within the scope of representation without providing the Association a meaningful opportunity to bargain over the changes. The ALJ found that under the collective bargaining agreement (CBA) and the American Arbitration Association rules incorporated into the CBA, the District had mandatory obligation to forward a Level Three grievance to arbitration and defer any arbitrability issues to the arbitrator. The ALJ concluded that by refusing to arbitrate the grievance based on arbitrability, the District violated EERA. The District filed exceptions asking the Board to reverse the proposed decision because: (1) the Association lacked standing to pursue the charge; and (2) the District was permitted to refuse to arbitrate because former employees were not unit members under the CBA.
Disposition: In a non-precedential decision, the Board rejected the District’s exceptions and affirmed the ALJ’s conclusion that the District violated EERA.
Perc Vol: 50
Perc Index: 76
Decision Headnotes