Decision 2362E – Natomas Unified School District
Decision Date: March 25, 2014
Decision Type: PERB Decision (Non-Precedential)
Description: Union alleged that employer violated EERA when it converted one of its school sites into a charter school in retaliation for union’s refusal to waive a provision of the parties’ collective bargaining agreement pertaining to transfers and reassignments. Charges partially dismissed by PERB’s Office of the General Counsel on the basis that PERB lacked authority under Education Code § 47611.5(e) over a school district’s decision to grant or deny a charter petition.
Disposition: Partial dismissal reversed. The Board concluded that union stated prima facie a retaliation violation. Employer’s claim that PERB would be unable to remedy the violation is unpersuasive. The Board is unwilling to deem its jurisdiction impaired, because one of the possible remedies it may consider would arguably be beyond its authority to direct. The question of whether Education Code section 47611.5(e) divests PERB of its exclusive initial jurisdiction to determine if an unfair practice has been committed is an issue for determination in the first instance by an ALJ after a hearing at which factual and legal claims may be thoroughly assessed. Likewise PERB’s authority to issue a remedy, and what remedy might be appropriate is a matter for determination in the first instance by an ALJ.
Perc Vol: 38
Perc Index: 141