Decision 2008E – Santa Ana Educators Association (Felicijan and Hetman)
LA-CO-1226-E
Decision Date: March 10, 2009
Decision Type: PERB Decision
Description: Charging parties alleged Association breached its duty of fair representation in dispute with school district over inappropriate materials in their personnel files. ALJ held Charging Parties were not “employees” under EERA and therefore the Association owed them no duty of fair representation.
Disposition: The Board reversed the ALJ’s proposed decision and remanded for further hearing on the merits. Individuals on a 39-month reemployment list pursuant to Education Code section 44978.1 are “employees” as defined in EERA section 3540.1(j). Therefore, the Association owed Charging Parties a duty of fair representation during the period they were on the reemployment list.
Perc Vol: 33
Perc Index: 53
Decision Headnotes
200.01000 – In General
Individuals on a 39-month reemployment list pursuant to Education Code section 44978.1 remain “employees” as defined in EERA section 3540.1(j) throughout the 39-month period.
800.01000 – In General; Prima Facie Case
Certified exclusive representative owed a duty of fair representation to charging parties who were on a 39-month reemployment list pursuant to Education Code section 44978.1 because charging parties remained “employees” as defined in EERA section 3540.1(j) throughout the 39-month period.