Decision 2627E – Oroville Union High School District * * * PARTIALLY VACATED by Oroville Union High School District (2019) PERB Decision No. 2627a * * *
Decision Date: February 22, 2019
Decision Type: PERB Decision
* * * PARTIALLY VACATED by Oroville Union High School District (2019) PERB Decision No. 2627a * * *
Description: The Board affirmed the proposed decision of an Administrative Law Judge (ALJ) and concluded that the employer, Oroville Union High School District (District), violated the violated the Educational Employment Relations Act (EERA) section 3543.1, subdivision (c), when it denied the Oroville Secondary Teachers Association’s (OSTA) request that its bargaining team members be released for a full day to prepare for an upcoming bargaining session. Additionally, the Board reversed one aspect of the proposed decision and concluded that the District also violated the EERA when it unilaterally changed its policy concerning leave time by requiring certain members of bargaining team to use contractual Personal Necessity Leave while they were away from work to participate in Association business.
Disposition: The Board affirmed in part and reversed in part the proposed decision and found that the District violated the EERA as alleged in the complaint.
Cases Affected: The Board disavowed the statement in Burbank Unified School District (1978) PERB Decision No. 67, p. 5, that “meeting and negotiating” does not include preparation time, finding instead that mandatory paid release time under EERA does include such preparation time.
Perc Vol: 43
Perc Index: 141
1000.02117 – Released Time
* * * VACATED IN PART ON OTHER GROUNDS by Oroville Union High School District (2021) PERB Decision No. 2627a * * *
Time necessary to prepare for negotiations is a part of the negotiations process and, thus, qualifies for statutory released time under EERA section 3543.1, subdivision (c), subject to reasonableness and any agreement between the parties.