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.
Perc Vol: 39
Perc Index: 7
Decision Headnotes
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.
602.03000 – 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.
1000.02117 – Released Time
Employee release time pertains to a matter within the scope of representation; therefore release time for elected union officials is negotiable.