All notes for Subtopic 700.15000 – Wage Increases or Employee Benefits
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| I063E | Clovis Unified School District 700.15000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Wage Increases or Employee Benefits In cases where two employee organizations are competing for the right to represent the same employees, the employer must remain neutral. To establish a violation of EERA section 3543.5, subdivision (d)’s prohibition on encouraging employees to join any organization in preference to another, the test is whether the employer’s conduct tends to influence free choice or provide stimulus in one direction or the other. (p. 26.) Since the rival nonexclusive representative announced its organizing campaign, the school district stopped providing a vehicle and credit card for the existing nonexclusive representative’s use, but continued to provide stipends to organization representatives, release time for executive board members, an operating budget, and use of an office. Likewise, the school district continued to maintain policies declaring that the existing nonexclusive representative is the representative of teachers, including for disciplinary matters. The school district’s survey solicited teachers’ views on the existing nonexclusive representative’s representation. The school district continued to meet with the existing nonexclusive representative about matters fundamental to the employment relationship (e.g., length of the school year, wages, health benefits), and made a significant change in benefits without first notifying or meeting with the rival nonexclusive representative. The superintendent sent an e-mail to employees announcing a $4,000 payment and informed them of a recommendation of a 5.5 percent increase to salary schedules, two fewer duty days, and an increase in the school district’s contribution to its health benefits fund. The superintendent credited these recommendations to the existing nonexclusive representative and the other organizations participating on the committee. (pp. 27-28.) Due to this conduct, the Board found that the school district preferred one nonexclusive representative over another and thus failed to maintain strict neutrality. more or view all topics or full text. | 46 | 93 | 12/16/21 |
| I063E | Clovis Unified School District 700.15000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Wage Increases or Employee Benefits An employer that does not maintain strict neutrality in the face of competing employee organizations is deemed to encourage employees to prefer one organization over another, in violation of employees’ right to choose an organization free of employer interference. Because the school district continued to provide financial support and other assistance to the existing nonexclusive representative without offering the same level of support to the rival nonexclusive representative, the district’s conduct tends to encourage employees to support the existing nonexclusive representative over the rival nonexclusive representative in order to continue receiving the negotiated benefits from the school district. Thus, the Board found there was reasonable cause to believe the school district breached its duty of strict neutrality in violation of EERA section 3543.5, subdivision (d). (pp. 28-29.) more or view all topics or full text. | 46 | 93 | 12/16/21 |
| 0389E | Clovis Unified School District 700.15000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Wage Increases or Employee Benefits Elimination of Saturday workday constituted a benefit inconsistent with past practice and violated strict neutrality. Implementation of 2% pay increase in accordance with previous plan was allowable, especially since decision and timing were justified by factors other than pendency of election; pp. 10-11. more or view all topics or full text. | 8 | 15119 | 07/02/84 |