Decision 1378E – Long Beach Community College District


Decision Date: February 28, 2000

Decision Type: PERB Decision

Description: Union appealed ALJ’s proposed decision which partially dismissed allegation that District violated EERA by refusing to negotiate a successor collecting bargaining agreement until Union ratified a tentative agreement concerning specific contractual provision.

Disposition: Reversed partial dismissal and remanded for issuance of a complaint.

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Perc Vol: 24
Perc Index: 31063

Decision Headnotes

1100.01000 – In General/Prima Facie Case

The Board has held that factual allegations offered by a charging party are to be considered true for purposes of determining whether there has been a prima facie showing of a violation, citing San Juan Unified School District (1977) EERB Decision No. 12; p. 5. The phrase "completion of negotiations" is ambiguous and thus the Board looks to other evidence to ascertain meaning. Charging party asserts that no ratification of the agreement was required before negotiations were complete, and thus a prima facie case had been established.