Decision 1859E – Grossmont Union High School District

LA-CO-1200-E

Decision Date: September 19, 2006

Decision Type: PERB Decision

Description:  The charge alleged that the Grossmont Education Association (GEA) violated EERA by engaging in a sick out on April 25, 2005, while the parties were undergoing impasse procedures.

Disposition:  The Board upheld the dismissal because the charging party failed to offer sufficient evidence showing that GEA planned, organized, or authorized the sickout.

View Full Text (PDF)

Perc Vol: 31
Perc Index: 4

Decision Headnotes

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
301.01000 – In General

Where there is no evidence that the union encouraged, planned, authorized or ratified a "sick out," no violation of the duty to bargain in good faith will be found. Statistical correlation alone was not enough to establish an inference that Grossmont Education Association, or its agents, either planned or organized the sickout.

802.00000 – UNION UNFAIR PRACTICES; UNLAWFUL STRIKES AND WORK STOPPAGES
802.01000 – In General

Where there is no evidence that the union encouraged, planned, authorized or ratified a "sick out," no violation of the duty to bargain in good faith will be found. Statistical correlation alone was not enough to establish an inference that Grossmont Education Association, or its agents, either planned or organized the sickout.