Decision 2661E – Alvord Unified School District
Decision Date: August 14, 2019
Decision Type: PERB Decision (Non-Precedential)
Description: Teachers union alleged that school district failed to meet and confer in good faith and failed to participate in good faith in impasse procedures. PERB’s Office of the General Counsel (OGC) dismissed the charge for failing to state a prima facie case. Teachers union timely appealed OGC’s dismissal of claim that the school district violated its obligation to engage in impasse procedures in good faith.
Disposition: In a non-precedential decision issued pursuant to PERB Regulation 32320, subdivision (d), the Board affirmed the dismissal of the unfair practice charge. Board found that Teachers union had not alleged sufficient admissible facts to establish a prima facie case. In reaching its conclusion, PERB acknowledged tension between the mediation privilege and PERB’s mandate to ensure that bargaining parties participate in good faith in impasse mediation. PERB listed several potential exceptions to the mediation privilege, but found no basis to depart from OGC’s determination.