Decision 0137E – San Diego Unified School District

LA-CE-194

Decision Date: June 19, 1980

Decision Type: PERB Decision

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Perc Vol: 4
Perc Index: 11115

Decision Headnotes

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
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.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

Employer's breach of no-reprisal clause after strike-settling agreement, without prior notice, was unilateral change.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.