Decision 0137E – San Diego Unified School District
LA-CE-194
Decision Date: June 19, 1980
Decision Type: PERB Decision
Perc Vol: 4
Perc Index: 11115
Decision Headnotes
201.02000 – Agents (See also 1400)
Actions of two school board members who wrote letters of commendation to non-strikers are acts of the employer. Letters were written on official school district stationary, board members signed letters with their official board titles, other three members of the school board effectively ratified the action by failing to act when given notice of the letters, and District management authorized placement of the letters in employee personnel files. Education Code sections defining what constitutes an official act of a school board are irrelevant.
503.03000 – Warning Letters, Reprimands, Evaluations
Letters. Post-strike letters of commendation which were placed in personnel files of non-strikers constituted a discrimination against strikers. The employer acknowledged that the letters might benefit the non-strikers in subsequent promotions. The letters violated a no-reprisal provision of the agreement which ended the strike.
602.03000 – Change In Policy
Employer's breach of no-reprisal clause after strike-settling agreement, without prior notice, was unilateral change.
1402.02000 – Union’s Waiver of Employee or Organizational Rights
Actions of two school board members who wrote letters of commendation to non-strikers are acts of the employer. Letters were written on official school district stationary, board members signed letters with their official board titles, other three members of the school board effectively ratified the action by failing to act when given notice of the letters, and District management authorized placement of the letters in employee personnel files. Education Code sections defining what constitutes an official act of a school board are irrelevant.