Decision 1775E – Standard School District

Union is precluded from making unilateral changes in the status quo after an agreement expires, until such time as the parties negotiate a successor agreement or they negotiate through completion of the impasse procedure. Association unilaterally changed policy by refusing to participate in the local peer assistance and review (PAR) program, whereby teachers assisted other teachers in the areas of subject matter knowledge, teaching methods, and teaching strategies; p. 14, proposed dec.

PAR is within the scope of representation under EERA section 3543.2(a) and the Anaheim test in that it is logically and reasonably related to the terms and conditions of employment. (1) A local PAR program is logically and reasonably related to evaluation procedures. (2) The Legislature required a school District to negotiate the development and implementation of a local PAR Program. (3) Negotiating a local PAR program would not significantly intrude upon a union’s managerial prerogative; pp. 11-12, proposed dec.

PAR is within the scope of representation under EERA section 3543.2(a) and the Anaheim test in that it is logically and reasonably related to the terms and conditions of employment. (1) A local PAR program is logically and reasonably related to evaluation procedures. (2) The Legislature required a school District to negotiate the development and implementation of a local PAR Program. (3) Negotiating a local PAR program would not significantly intrude upon a union’s managerial prerogative; pp. 11-12, proposed dec.

PAR is within the scope of representation under EERA section 3543.2(a) and the Anaheim test in that it is logically and reasonably related to the terms and conditions of employment. (1) A local PAR program is logically and reasonably related to evaluation procedures. (2) The Legislature required a school District to negotiate the development and implementation of a local PAR Program. (3) Negotiating a local PAR program would not significantly intrude upon a union’s managerial prerogative; pp. 11-12, proposed dec.

PAR is within the scope of representation under EERA section 3543.2(a) and the Anaheim test in that it is logically and reasonably related to the terms and conditions of employment. (1) A local PAR program is logically and reasonably related to evaluation procedures. (2) The Legislature required a school District to negotiate the development and implementation of a local PAR Program. (3) Negotiating a local PAR program would not significantly intrude upon a union’s managerial prerogative; pp. 11-12, proposed dec.

The newly discovered evidence is inadmissible because it is outside the parties stipulation regarding judicial notice. If admissible, association does not state why it wasn’t previously presented to the ALJ or why this evidence was not previously available and could not have been discovered with the exercise of reasonable diligence. Thus, new evidence is rejected.

PERB has long held that a party is precluded from making unilateral changes in the status quo both during the term of a negotiated agreement and after that agreement expires, until such time as the parties negotiate a successor agreement or they negotiate through completion of the statutory impasse procedure. The PAR provision cannot be analogized to an arbitration clause. It continues in effect after expiration of the agreement because the parties agrees to condition the termination of the contract on discontinuation of state funding.