Decision 2817E – Los Rios Community College District and Los Rios College Federation of Teachers, Local 2279
SA-CE-2983-E and SA-CO-640-E
Decision Date: May 2, 2022
Decision Type: PERB Decision (Non-Precedential)
Description: Deglow appealed the dismissal of her unfair practice charges alleging that: (1) the District violated the Educational Employment Relations Act (EERA) by failing to correct her hire date, thus depriving her of longevity pay; and (2) the Federation violated EERA by causing or attempting to cause her employer to deprive her of longevity pay. The Office of the General Counsel (OGC) summarily dismissed both charges for failure to state a prima facie case, based on application of the litigation sanction the Board articulated in Los Rios Community College District and Los Rios College Federation of Teachers, Local 2279 (2021) PERB Decision No. 2776 (Los Rios). OGC found that though Deglow’s charges allege a new longevity increment for 2019-2020, the underlying basis is the same dispute Deglow previously litigated concerning the District’s asserted failure to correct her hire date and the Federation’s asserted failure to take action regarding that dispute.
Disposition: The Board dismissed the unfair practice charges without leave to amend and clarified that litigation sanction against Deglow articulated in Los Rios, supra, PERB Decision No. 2776, and reiterated in Los Rios Community College District and Los Rios College Federation of Teachers, Local 2279 (2021) PERB Decision No. 2777, applies not only to 20-year longevity increments, but to any dispute about a longevity increment premised on the underlying dispute about Deglow’s hire date or missing service credits.
Perc Vol: 46
Perc Index: 165