Decision 1908E – Delano Union Elementary School District

LA-CE-4881-E

Decision Date: June 6, 2007

Decision Type: PERB Decision

Description:  The charge alleged that the Delano Elementary School District violated EERA: (1) by unilaterally changing matters within the scope of bargaining without first giving the association notice and an opportunity to bargain the charges, (2) when the district allegedly discriminated against and imposed reprisals against association officers, and (3) interfered with rights protected by EERA.

Disposition:  The Board adopted the Board agent’s dismissal and deferral of the unilateral change allegations and discrimination.  The Board, however, remanded the case to the Office of the General Counsel for issuance of a complaint regarding the interference allegation.

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Perc Vol: 31
Perc Index: 111

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.05000 – Union Activity During Nonworking Time or in Nonworking Areas

The District interfered with the Association’s rights when Principal Bans admonished Kotch both verbally and in writing for interviewing another employee off school grounds and before contract hours.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.03000 – Investigatory Interviews

The District interfered with the Association’s rights when Principal Bans admonished Kotch both verbally and in writing for interviewing another employee off school grounds and before contract hours.