Board Decisions Summary August 2021

In August of 2021, the Board issued four decisions. The decision descriptions and dispositions are below.

Decision No. 2785

Employer: Jurupa Unified School District

Case Nos.: LA-CE-6541-E

Issued date: August 2, 2021


Description: Ermine Fredrica Nelson and the Anonymous Know Nothings appealed the Office of the General Counsel’s dismissal of their unfair practice charge. The charge, as amended, alleged that the Jurupa Unified School District violated EERA by retaliating against Nelson for protected activities, and interfering with such activities, when it: issued her a Letter of Concern, removed her collaborative class and added a direct instruction class in its place, failed to provide her own classroom, directed her to return to her school site in May 2020 (during the COVID-19 pandemic) to pack up her classroom, and misprocessed her workers’ compensation claim. Charging Parties also alleged violations of various federal and state statutes outside PERB’s jurisdiction, including the National Labor Relations Act, the Education Code, the Labor Code, the California Constitution, and provisions of the Government Code unrelated to PERB’s enforcement of EERA.

Disposition: The Board affirmed the dismissal of the unfair practice charge, finding that Charging Parties had not alleged facts stating a prima facie case of any claim within PERB’s jurisdiction.

Decision No. 2786

Organization: Los Angeles Unified School District

Case No.: LA-CE-6509-E

Issued date: August 13, 2021


Description: Charging Parties Jason Pickard and the AnonymousKnowNothings filed exceptions to a proposed decision issued by a PERB Administrative Law Judge dismissing Charging Parties’ unfair practice charge and complaint. The ALJ dismissed the allegations that the District had engaged in retaliatory conduct and interfered with protected activity for failure to state a prima facie case.

Disposition: Non-Precedential decision. Dismissal affirmed.

Decision No. 2787-M

Employer: Housing Authority of the City and County of San Francisco

Case No.: SF-CE-1815-M

Issued date: August 24, 2021


Description: Charging Party Joseph E. Knighten, Sr. appealed the dismissal issued by PERB’s Office of the General Counsel of Knighten’s unfair practice charge. The charge alleged that the Housing Authority of the City and County of San Francisco had violated the Meyers‑Milias-Brown Act by breaching a contract with Knighten’s union and failing to follow past practice by not allowing Knighten to “bump” into a foreman position in another department after he was laid off. The Office of the General Counsel dismissed the charge, finding that Knighten did not have standing to allege an unlawful unilateral change and had not alleged facts stating a prima facie case of retaliation.

Disposition: Non-Precedential decision. Dismissal affirmed.

Order No. Ad-487

Employer: Antelope Valley Community College District

Case Nos.: LA-CE-5931-E

Issued date: August 27, 2021


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.