Decision 2917E – West Valley-Mission Community College District
SF-CE-3482-E
Decision Date: September 4, 2024
Decision Type: PERB Decision
Description: After initially allowing Counseling faculty at West Valley-Mission Community College District to work from home on a hybrid schedule, the District implemented a “100 percent in-person” policy for all Counseling faculty for the Spring 2022 semester, requiring the faculty to conduct in-person and virtual counseling sessions from campus offices. West Valley-Mission Federation of Teachers, AFT Local 6554 (WVMFT) filed an unfair practice charge alleging that the District failed to provide notice or opportunity to bargain before adopting the “100 percent in-person” policy. After a formal hearing, an administrative law judge (ALJ) concluded that the District unilaterally changed counseling faculty work location without providing WVMFT notice and opportunity to bargain. The District timely filed exceptions, alleging that it was not required to bargain over returning to pre-COVID-19 emergency status quo. WVMFT opposed the District’s exceptions.
Disposition: The Board affirmed the ALJ’s conclusion that the District unilaterally changed counseling faculty work location without affording WVMFT advance notice and opportunity to bargain. First, the Board found that the “100 percent in-person” policy was not a return to pre-COVID-19 emergency status quo. Not only did some counseling faculty perform work remotely prior to COVID-19, but also, the District’s new policy deviated from the collaborative scheduling process found in the parties collective bargaining agreement. Second, the Board affirmed its conclusion in Oxnard Union High School District (2023) PERB Decision No. 2803 that the right to return to the status quo from a public health emergency includes the obligation to provide advance notice and opportunities to bargain when time allows. Next, the Board found that the District’s change in work location policy was within the scope of representation. The Board also concluded that the District did not provide advanced notice and opportunity to bargain when it implemented the “100 percent in-person” policy. Finally, the Board rejected the District’s claim that WVMFT waived its opportunity to bargain when it agreed to a portion of the collective bargaining agreement that provided for individual faculty remote work requests. The Board additionally made minor clarifying adjustments to the proposed remedy; in addition to traditional cease-and-desist and posting remedies, the Board ordered the District to rescind the “100 percent in-person” policy and bargain with WVMFT over its remote work policy, rescind any discipline issued to unit members based on the “100 percent in-person” policy, and make unit members whole for any losses incurred based on the “100 percent in-person” policy.
Perc Vol: 49
Perc Index: 55
Decision Headnotes