Decision 2008E – Santa Ana Educators Association (Felicijan and Hetman)

LA-CO-1226-E

Decision Date: March 10, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 53

Decision Headnotes

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
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.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.