Decision 2403E – Bellflower Unified School District

LA-CE-5707-E and LA-CO-1509-E

Decision Date: December 19, 2014

Decision Type: PERB Decision

Description:  In cases cross filed by employer and employee organization and consolidated for hearing, the ALJ concluded that the employer violated EERA section 3543.5(a), (b) and (c) by unilaterally imposing furlough days on the classified employee bargaining unit and by discriminating against certain classified bargaining unit members because of the employee organization’s position in bargaining.  The ALJ also concluded that the employer failed to establish that the employee organization had negotiated in bad faith.

Disposition:  The employer filed exceptions after which the parties negotiated a resolution of their dispute and tendered jointly a request to dismiss with prejudice both pending cases.  The Board deemed mutual withdrawal of the unfair practice charges and dismissal of PERB complaints to be consistent with the purposes of EERA and granted the parties’ request.

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Perc Vol: 39
Perc Index: 81

Decision Headnotes

1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated

Pursuant to PERB Reg. 32320(a)(2), the Board has the discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself.