EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS – In General

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In finding that District dominated the Senate, the Board found that these facts, among others, showed the lack of an arm’s length relationship, while noting that certain facts, by themselves, would be enough to prove domination: (1) District policy identified the Senate as the de facto official representative for teachers, although teachers never chose the Senate to be their exclusive representative; (2) the District’s organizational charts showed that the Senate president reports to the District superintendent; (3) the Senate president repeatedly consulted the District on questions that arose in running the Senate; (4) District administrators regularly attended Senate meetings, and the District approved Senate meeting minutes before the Senate shared them with teachers; (5) the District conducted internal Senate elections; (6) the District adjusted complaints and conducted investigations filed by and against senators and Senate officers in those capacities, including promising that the Senate would establish policies and procedures regarding attendance at Senate meetings; (7) in response to a Senate officer’s complaint, the District reached more than a dozen conclusions which show domination and interference with Senate administration, including promising that the District would work with the Senate to create a procedure for senate elections and setting an expectation for the Senate president to respond to inquiries within 24 hours; (8) the only binding agreement the District signed with the Senate was one that was financially useful to the employer; (9) the District provided extensive financial support to the Senate which it did not provide to other entities; and (10) the District sent e-mail defending its support of the Senate and castigating a rival nonexclusive representative for trying to enforce the law. (pp. 37-40.)