Decision 2329E – Saddleback Valley Unified School District
Decision Date: October 3, 2013
Decision Type: PERB Decision (Non-Precedential)
Description: Charging party alleged that union engaged in surface bargaining during negotiations which culminated, after fact-finding, with imposition of employer’s last, best and final offer.
Disposition: Dismissal affirmed. Charging party failed to state a prima facie case. Board concluded that the Office of the General Counsel: (1) properly analyzed all the District’s allegations, that the analysis was properly made on the basis of the Board’s traditional “totality of circumstances” test for surface bargaining and that the analysis was not unduly or inappropriately narrow; (2) did not improperly resolve disputed factual and legal issues in favor of respondent; and (3) properly concluded that none of the union’s bargaining conduct alleged by charging party to have constituted an independent unfair practice occurred during the six-month statutory period required under the Educational Employment Relations Act.