Decision 2857Ea – Barstow Community College District
Decision Date: August 2, 2023
Decision Type: PERB Decision (Non-Precedential)
Description: This case came before the Public Employment Relations Board (PERB or Board) on a request by California School Employees Association, Chapter 176 (CSEA) that the Board reconsider its decision in Barstow Community College District (2023) PERB Decision No. 2857 (non-precedential). In that decision, the Board affirmed the proposed decision of an administrative law judge (ALJ) that dismissed CSEA’s underlying unilateral change allegation. However, the Board dismissed CSEA’s charge on different grounds than the ALJ, vacating the ALJ’s analysis that the Education Code superseded bargaining on the alleged unilateral change, and instead finding the Barstow Community College District established a past practice affirmative defense to CSEA’s remaining allegations.
CSEA sought reconsideration of the Board’s ruling that the District established past practice as an affirmative defense to CSEA’s alleged unilateral change. The District opposed the request for reconsideration but separately requested that the Board designate the underlying decision as precedential.
Disposition: The Board found no prejudicial error of fact in the underlying decision or any other basis for reconsideration. The Board denied CSEA’s request for reconsideration of Barstow Community College District (2023) PERB Decision No. 2857. The Board denied the District’s request that Decision No. 2857 be re-designated as precedential.