Decision 0943E – Ocean View Teachers Association (Busch)

As oral clarifications of initial proposals were sufficient to inform the public of the issues to be negotiated, Board's partial dismissal of public notice complaint was consistent with Palo Alto Unified School District (1981) PERB Decision No. 184 (p. 3). Very nature of complainant's questions indicates that he had an understanding of the issues. Therefore, it appears complainant had sufficient notice of the initial proposals; p. 10, admin. determination. As subsequent oral clarification of school district's initial proposals cured any defects or insufficiencies, Board dismissed public notice complaint; pp. 4-5; pp. 8-9, admin. determination. The parties' use of new or different bargaining techniques does not excuse the parties from the statutory requirements of EERA. excuse the parties from the statutory requirements of EERA.

As oral clarifications of initial proposals were sufficient to inform the public of the issues to be negotiated, Board's dismissal of public notice complaint was consistent with Palo Alto Unified School District (1981) PERB Decision No. 184 (p. 3). As subsequent oral clarification of school district's initial proposals cured any defects or insufficiencies, Board dismissed public notice complaint; pp. 4-5; pp. 8-9, admin. determination. In PERB cases involving subsequent clarification of initial proposals, Board found there is no requirement that the public school employer amend its initial proposals or re-adopt its initial proposals; p. 4. Board will look beyond the actual initial proposals, and consider subsequent oral clarifications, to determine whether the requirements of section 3547 have been met; p. 7, admin. determination. of section 3547 have been met; p. 7, admin. determination.

As complainant was given more than two weeks after clarification of initial proposals to engage in public comment, Board found no violation of section 3547(b); p. 10, admin. determination. Very nature of complainant's questions indicates that he had an understanding of the issues. Therefore, it appears complainant had sufficient notice of the initial proposals; p. 10, admin. determination.

The parties' use of new or different bargaining techniques does not excuse the parties from the statutory requirements of EERA.