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Decision A524N – State of California

SA-CE-1-N

Decision Date: February 27, 2025

Decision Type: Administrative Appeal

Description:  Charging Party Childcare Providers United – California (CCPU) filed an unfair practice charge alleging that the State of California had failed to adequately respond to the union’s request for information that is necessary and relevant to CCPU’s duties under the Building a Better Early Care and Education System Act (Childcare Provider Act). After a formal hearing, a PERB ALJ issued a proposed decision sustaining the allegations and, as part of the remedial Order, directing the State to distribute a Notice to all childcare providers in the bargaining unit. Neither party filed exceptions to the proposed decision, which therefore became final and binding on the parties. To attempt to achieve compliance with the Decision and Order, the State directed contractors and subcontractors who help administer the State’s subsidized childcare programs to distribute the Notice directly to employees. CCPU contended that the State’s efforts were not sufficient to achieve compliance. PERB’s Office of the General Counsel (OGC) is tasked with ensuring compliance with PERB orders. OGC issued an Administrative Determination finding that the State had complied with the Decision and Order. CCPU appealed OGC’s Administrative Determination.

Disposition:  The Board found that the undisputed information provided to OGC was not sufficient to ensure compliance with the Decision and Order. While the remedy in this case gave the State some flexibility to utilize contractors and subcontractors to distribute the Notice, such efforts are ultimately subject to the same scrutiny as any other acts directed at compliance. Because a significant number of contractors failed to respond to the State’s instructions at all, and others failed to distribute the Notice in accordance with the Decision and Order, while other reasonable options for compliance were available, the Board found that the State had not made reasonable efforts at distributing the Notice. The Board therefore reversed the Administrative Determination and remanded the matter to OGC for further compliance proceedings.

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Perc Vol: 49
Perc Index: 145

Decision Headnotes

1108.00000 – UNFAIR PRACTICE PROCEDURES; COMPLIANCE
1108.01000 – In General

It is appropriate to apply caselaw arising under traditional labor relations statutes when interpreting remedial provisions of the Building a Better Early Care and Education System Act (Childcare Provider Act).

1108.00000 – UNFAIR PRACTICE PROCEDURES; COMPLIANCE
1108.01000 – In General

Absent extraordinary circumstances, the parties may not use compliance proceedings to re-litigate any issues already decided and no longer subject to appeal.

1108.00000 – UNFAIR PRACTICE PROCEDURES; COMPLIANCE
1108.01000 – In General

The method of posting notice of a Board decision may be tailored to the circumstances of the affected bargaining unit.

1108.00000 – UNFAIR PRACTICE PROCEDURES; COMPLIANCE
1108.02000 – Burden of Proof

In determining compliance with a notice posting order, there is a rebuttable presumption that properly addressed mail or e-mail messages were received by the addressee.

1108.00000 – UNFAIR PRACTICE PROCEDURES; COMPLIANCE
1108.02000 – Burden of Proof

State’s use of contractors and subcontractors under the Building a Better Early Care and Education System Act (Childcare Provider Act) did not satisfy its duty to make reasonable efforts to distribute notice of the decision to all providers in the bargaining unit.