Decision 2455E – Bellflower Unified School District
Decision Date: September 30, 2015
Decision Type: PERB Decision
Description: The complaint alleged that the District violated EERA by changing a policy regarding holiday leave without notice and opportunity to bargain and by failing and refusing to timely respond to requests for information.
Disposition: The ALJ concluded that the District had engaged in the unfair practices as alleged. The Board affirmed, holding that the contract language was clear and unambiguous and did not discriminate between employees who worked in an assignment classified as 12-month and those who did not; and that the District’s failure to pay holiday leave to those who did not work in an assignment classified as 12-month constituted an unlawful unilateral change.
Perc Vol: 40
Perc Index: 65
1102.01000 – Pre-Arbitration
PERB will not defer to arbitration unless the arbitration process is final and binding; binding arbitration provisions do not survive expiration of the contract; because the contract had expired by the time the conduct at issue arose, binding arbitration was not available and therefore the dispute was not subject to deferral.