UNFAIR PRACTICE PROCEDURES; COMPLIANCE – In General

Single Topic for Decision 2796E

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Compliance proceedings generally should not lead to protracted litigation. (See, e.g., Sacramento City Unified School District (2020) PERB Decision No. 2749, pp. 19-20.) This principle particularly apt in case where affected teachers will at most be owed 30 minutes of extra pay, plus 7 percent annual interest. With these principles in mind, the Board afforded the compliance officer the discretion to consider any number of methods to expedite compliance. Where the Board directed the compliance officer to resolved in compliance proceedings which teachers more likely than not attended a certain meeting for which they were due compensation, the compliance officer could consider accepting sworn declarations or convening a virtual hearing. Any person who was present at the meeting in question could, depending on the extent of her or his recollection, provide evidence as to who else was present. The Association may subpoena, or the District may agree to produce, any sign-in sheets or other attendance records in the District’s possession. Alternatively, the parties may negotiate to resolve all make-whole relief issues, thereby saving further litigation expenses.