Decision A521E – Fresno Unified School District
SA-SV-192-E
Decision Date: November 26, 2024
Decision Type: Administrative Appeal (Non-Precedential)
Description: This case was before the Board on an interlocutory appeal from an administrative determination concerning a severance petition that the International Association of Machinists and Aerospace Workers (IAMAW) filed under the Educational Employment Relations Act (EERA). Through its severance petition, IAMAW sought to sever three employees from a unit currently represented by Fresno Teachers Association, CTA/NEA (FTA). FTA argued that a Memorandum of Understanding (MOU) between FTA and Fresno Unified School District was in effect beginning November 30, 2023, and therefore served as a contract bar to IAMAW’s severance petition, which IAMAW filed on March 21, 2024. The Office of the General Counsel determined, however, that because the District Board of Education (District Board) did not ratify the MOU with FTA until April 24, 2024, the contract bar doctrine did not apply and IAMAW timely filed its Petition. FTA appealed this administrative determination to the Board.
Disposition: The Board affirmed OGC’s conclusion that the contract bar was inapplicable because the District Board had not ratified the MOU when IAMAW’s filed the severance petition. The Board denied the interlocutory appeal and remanded the matter to the OGC for processing consistent with the Board’s order.
Perc Vol: 49
Perc Index: 104
Decision Headnotes