Decision 2921E – West Contra Costa Unified School District
SF-CE-3500-E
Decision Date: September 16, 2024
Decision Type: PERB Decision (Non-Precedential)
Description: The complaint alleged that West Contra Costa Unified School District violated the Educational Employment Relations Act (EERA) by refusing, in two separate occurrences, to bargain in good faith with the exclusive representative, Adult School Teachers United (ASTU); unilaterally changing terms and conditions of employment in two distinct instances; twice attempting to bypass, undermine, and derogate the authority of ASTU; and dominating or interfering with the administration of ASTU. The complaint further alleged that by this same conduct, the District interfered with the protected rights of bargaining unit employees and denied ASTU its right to represent bargaining unit members, altogether in violation of EERA section 3543.5, subdivisions (a), (b), and (c). The ALJ found that the District violated EERA section 3543.5 subdivisions (a), (b), and (c) when it (1) refused to bargain with ASTU over terms and conditions of employment for dual-unit employees and over the effects of the 2022-23 Student Master Schedule; (2) unilaterally and unlawfully changed established past practices for deciding English as a Second Language (ESL) teaching assignments; and (3) bypassed ASTU by communicating directly with ESL teachers about work assignments before the Fall 2022 semester. The ALJ also found that the District interfered with bargaining unit employees’ rights, and ASTU’s right to represent bargaining unit employees, when it unilaterally adopted a new procedure for deciding ESL teaching assignments. Similarly, the ALJ found that the District’s refusal to bargain in good faith over terms and conditions of employment for dual-unit employees interfered with bargaining unit employees’ rights and ASTU’s right to represent them. The ALJ dismissed all other claims.
Disposition: The Board clarified and modified several of the ALJ’s findings of fact, but affirmed the holdings of the proposed decision.
Perc Vol: 49
Perc Index: 62
Decision Headnotes