Decision 2857E – Barstow Community College District
LA-CE-6666-E
Decision Date: April 21, 2023
Decision Type: PERB Decision (Non-Precedential)
Description: California School Employees Association, Chapter 176 (CSEA) excepted to the proposed decision of an administrative law judge (ALJ). The underlying complaint alleged that the Barstow Community College District violated the Educational Employment Relations Act (EERA) by unilaterally implementing a new policy or process for allowing managerial non-bargaining unit employees to retreat into a bargaining unit classification in which they were permanently employed before their promotion (retreat policy), and to “bump” unit employees currently employed in that classification. The ALJ dismissed the complaint and underlying unfair practice charge, finding that though CSEA established a prima facie case of unilateral change, the District proved its retreat policy was superseded by the Education Code, and that its actions bumping an employee were fully covered by the parties’ memorandum of understanding (MOU), which the District followed. The ALJ also dismissed the related derivative interference violations. CSEA filed timely exceptions, challenging the ALJ’s dismissal of the unilateral change allegation based on the District’s affirmative defense of supersession, and in turn the dismissal of derivative interference allegations.
Disposition: In a non-precedential decision, the Board affirmed both the proposed decision’s factual findings and the dismissal of the complaint and underlying unfair practice charge. However, the Board departed from the ALJ’s analysis, vacating the ALJ’s supersession finding, and instead determining that the District did not violate EERA because it established that it had a binding past practice allowing interim managers to retreat to their bargaining unit positions.
Perc Vol: 47
Perc Index: 155