Decision A487E – Antelope Valley Community College District

LA-CE-5931-E

Decision Date: August 27, 2021

Decision Type: Administrative Appeal

Description:  In compliance proceedings for Antelope Valley Community College District (2018) PERB Decision No. 2618, PERB’s Office of the General Counsel issued an administrative determination to resolve some compliance issues. OGC found, in relevant part, that the Board’s order: (1) authorizes the District to compensate current employees with its choice of compensatory time off or backpay pursuant to the parties’ collective bargaining agreement (CBA); and (2) does not require unit members who subsequently changed to a different alternate work schedule after February 2014, to be made whole for the period following the subsequent change. The Federation appealed, seeking reversal of these two findings.  The Board partially granted the appeal and found that employees who subsequently changed to a different alternate work schedule are presumptively entitled to the decision’s make-whole remedy until the District restores the standard 5/8 workweek, except to the extent that the District proves in compliance proceedings that an employee successfully asked for a new schedule and would clearly have done so irrespective of the District’s unfair labor practice. The Board affirmed OGC’s determination that the decision’s make-whole order allows the District to choose whether to make affected employees whole by providing backpay or compensatory time off.

Disposition: Partially granted. The compliance case is remanded to the OGC to collect additional evidence to determine whether the District has complied with the remedial order in Antelope Valley Community College District (2018) PERB Decision No. 2618, in accordance with this Order.

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