Decision A488E – Los Angeles Unified School District

LA-CE-6161-E and LA-CE-6411-E

Decision Date: October 12, 2021

Decision Type: Administrative Appeal

Description:  Charging Parties Joei Dyes and the AnonymousKnowNothings (Charging Parties) appealed an administrative determination by PERB’s Office of the General Counsel (OGC) finding that the Los Angeles Unified School District complied with the Board’s Order in Los Angeles Unified School District (2020) PERB Decision No. 2750.  After an investigation, OGC determined that the District had complied with the order because the District submitted evidence reflecting several different efforts at circulating the required notice, including multiple mass e mails and a 60-day website posting as directed by OGC. Charging Parties claimed some employees had not received the mass e-mails. OGC issued an order to show cause requesting that Charging Parties provide declarations under penalty of perjury from employees who had not received the electronic notice. Charging Parties declined to file any declarations because OGC would not allow them to redact the declarants’ names. Having received no declarations, OGC determined compliance was achieved and closed the case. Charging Parties argue on appeal that OGC erred by not allowing them to file declarations with the declarant’s name redacted, which Charging Parties assert is necessary to prevent the District from retaliating against the declarants.

Disposition:  The Board held that because Charging Parties declined to produce declarations of District employees who allegedly did not receive the e-mail notice, there was no material factual dispute over whether the District e-mailed the Notice to the entire certificated bargaining unit. Thus, the Board denied the appeal and affirmed the administrative determination.

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