Decision 0964E – Los Angeles Unified School District (Watts)
LA-PN-121
Decision Date: December 8, 1992
Decision Type: PERB Decision
Perc Vol: 17
Perc Index: 24021
Decision Headnotes
1502.01000 – In General
The purpose of EERA's public notice requirement is to allow the public the opportunity to be informed of the issues which are to be negotiated; p. 5. The Board must decide whether the district's initial proposal adequately informed the public. It is not essential to evaluate what any individual knew in addressing this question; p. 7. The Board took note of the parties' use of the interest-based approach to bargaining, concluding that while this approach may hold many advantages, public school employers and exclusive representatives must continue to insure that its use does not fail to fully inform the public of the issues to be negotiated; p. 9.
1502.02000 – Initial Proposals
The Board must decide whether the district's initial proposal adequately informed the public. It is not essential to evaluate what any individual knew in addressing this question; p. 7. An initial proposal must be sufficiently developed to inform the public of the issues that will be the subject of negotiations; p. 8. A review of the initial proposal in this case, and the district's public notice process, reveals that the district has adequately complied with EERA's public notice requirement; p. 9.
1502.07000 – Scope of Obligation
The Board must decide whether the district's initial proposal adequately informed the public. It is not essential to evaluate what any individual knew in addressing this question; p. 7. An initial proposal must be sufficiently developed to inform the public of the issues that will be the subject of negotiations; p. 8. The Board took note of the parties' use of the interest-based approach to bargaining, concluding that while this approach may hold many advantages, public school employers and exclusive representatives must continue to insure that its use does not fail to fully inform the public of the issues to be negotiated; p. 9.
1502.09000 – Complaint/Timeliness/Standing/Service
Complainant timely filed a public notice complaint by certified mail on the last day set for filing; p. 5. Assertion that complainant was aware of proposal earlier not sufficient.
1503.03000 – Regulations Considered (By Number) (Continued)
32910. Public notice complaint must be filed within 30 days of the date when the alleged violation was known or reasonably could have been discovered; p. 4. 32135. Public notice complaint considered timely filed when sent by certified mail, postmarked not later than the last day set for filing; p. 5. Assertion that complainant was aware of proposal earlier not sufficient. 32920. Board agent given the discretion to schedule a hearing to consider a public notice complaint when material factual disputes exist; p. 6.