Decision 1717E – Parlier Unified School District
SA-CE-2243-E
Decision Date: November 30, 2004
Decision Type: PERB Decision
Description: Union alleged breach of duty to bargain in good faith by unilateral change involving district policy concerning finality of hearing officer’s decision.
Disposition: Board dismissed charge based on Education Code 45113 as it existed at the time. Regardless of ambiguity in contract language by statute, hearing officer decision was not final but rather subject to adoption by the district.
Perc Vol: 29
Perc Index: 23
Decision Headnotes
602.03000 – Change In Policy
Board rejected union’s argument that district breach contract policy concerning finality of hearing officer’s decision. Regardless of any ambiguity in the contract language, Education Code section 45113, as it existed at that time, prohibited the district from delegating its authority over disciplinary actions. Thus, by statute, hearing officer’s decision was not final but rather subject to adoption by the district.
1100.01000 – In General/Prima Facie Case
Where contract language is ambiguous, to determine whether there is a prima facie case, charging party’s interpretation of the language must be accepted as true where it is reasonable.
1100.08000 – Pleading Requirements
Where contract language is ambiguous, to determine whether there is a prima facie case, charging party’s interpretation of the language must be accepted as true where it is reasonable.