Decision 2378E – Centinela Valley Union High School District

LA-CE-5606-E

Decision Date: June 17, 2014

Decision Type: PERB Decision

Description: The ALJ determined that employer violated EERA by unilaterally terminating a policy in the parties’ collective bargaining agreement (CBA) providing 40 percent release time to the union president.

Disposition: Decision affirmed.  There was no evidentiary support for employer’s contention that release time in the CBA was intended to be governed solely by Education Code section 44987.  The employer’s unilateral repudiation of a collectively bargained release time provision or a change in past practice without affording the union the opportunity to bargain is conduct falling squarely within PERB’s jurisdiction.

View Full Text (PDF)

Perc Vol: 39
Perc Index: 7

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession

Education Code section 44987 does not set an inflexible standard or insure immutable provisions which preclude negotiability over the subject. A unilateral repudiation of a collectively bargained release time provision or a change in past practice without affording the exclusive representative the opportunity to bargain is conduct that falls squarely within PERB’s jurisdiction.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Change In Policy

A unilateral repudiation of a collectively bargained release time provision or a change in past practice without affording the exclusive representative the opportunity to bargain is conduct that falls squarely within PERB’s jurisdiction.

1000.00000 – SCOPE OF REPRESENTATION
1000.02117 – Released Time

Employee release time pertains to a matter within the scope of representation; therefore release time for elected union officials is negotiable.