January 2023 Board Decisions Summary

In January 2023, the Board issued seven decisions. The decision descriptions and dispositions are below.

Decision No. 2849

Employer: Santa Clarita Community College District

Case No. LA-CE-6616-E

Issued date: January 4, 2023


Description: American Federation of Teachers Local 6262 (AFT) alleged that Santa Clarita Community College District violated EERA by repudiating an agreement requiring the District to place adjunct faculty on a new salary scale at a step that would ensure faculty did not suffer a pay decrease from the prior school year. The ALJ dismissed the complaint, concluding that AFT failed to prove the District deviated from an agreed-upon interpretation of the agreement.

Disposition: In a non-precedential decision, the Board affirmed the dismissal of the complaint

Order No. Ad-499-H

Employer: Regents of the University of California (San Francisco)

Case No. SF-CE-1221-H

Issued date: January 4, 2023


Description: Stephen Malloy requested two accommodations for his disability for formal hearing: appointment of counsel for his representation, and immunity from testifying in his case at PERB. The administrative law judge (ALJ) denied the two accommodation requests on the basis that they were unreasonable. Malloy appealed the rulings and the ALJ certified the appeal to the Board itself. Malloy later requested a stay of activity at all levels of PERB, which was denied. Malloy appealed that determination. These issues were consolidated for decision where the Board affirmed the denials of the requested accommodations and the request for a stay at all levels.

Disposition: Denials affirmed.

Decision No. 2850

Employer: Los Rios Community College District

Case No. SA-CE-3048-E

Issued date: January 6, 2023


Description: Annette (Barudoni) Deglow filed an unfair practice charge alleging that the Los Rios Community College District terminated her voice accommodation program by modifying her teaching assignment because she engaged in activities protected by the Educational Employment Relations Act (EERA). The Office of the General Counsel dismissed the charge for failure to state a prima facie case of retaliation or any other unfair practice. Deglow appealed the dismissal.

Disposition: In a non-precedential decision, the Board affirmed the dismissal of the charge.

Order No. Ad-500

Employer: Pasadena Area Community College District

Case No. LA-DP-460-E

Issued date: January 11, 2023


Description: California Federation of Teachers filed a decertification petition to replace Pasadena City College Faculty Association (PCCFA) as the exclusive representative of faculty members at Pasadena Area Community College District. A Board agent issued an administrative determination finding sufficient proof of support consisting of both electronically and physically signed authorization cards. PCCFA asked the Board agent to certify an interlocutory appeal, asserting that PERB Regulation 32700 bars use of electronic proof of support for decertification. The Board agent certified the interlocutory appeal for Board review.

Disposition: The Board held that PERB Regulation 32700 bars use of electronic proof of support to trigger a decertification petition. For most of PERB’s history, the agency’s regulations disallowed electronically signed proof of support. Recent revisions to PERB Regulations changed this rule only for “employees who are not exclusively represented by an employee organization.” (PERB Reg. 32700(d)(4).) The revised regulation left PERB’s longstanding requirement of original signatures unchanged for exclusively represented employees who wish to change or decertify their representative or sever themselves from a represented unit. The Board therefore reversed the administrative determination.

Decision No. 2837a

Organization: Santa Ana Educators Association (Felicijan & Hetman)

Case No. LA-CO-1226-E

Issued date: January 13, 2023


Description: Charging Parties Christine L. Felicijan and Wayne Hetman requested the Board reconsider its decision in Santa Ana Educators Association (Felicijan and Hetman) (2022) PERB Decision No. 2837. In that non-precedential decision, the Board found that the Santa Ana Educators Association violated the Educational Employment Relations Act when, among other conduct, it did not approve or deny Felicijan’s request to arbitrate four grievances within the 15-day time limit for demanding arbitration under the contractual grievance procedure. The Board found Felicijan would have prevailed on one grievance and ordered make-whole relief for that grievance, but found the other grievances lacked merit and awarded no make-whole relief for them. The Board also dismissed the allegation that the Association breached its duty of fair representation by failing to assist Hetman with issues related to purported derogatory documents in his personnel file. In their request for reconsideration, Charging Parties claimed the decision contained prejudicial errors of fact and incorrectly failed to order make-whole relief for all four grievances.

Disposition: In a non-precedential decision, the Board denied Charging Parties’ request for reconsideration, finding it failed to establish either ground for reconsideration under PERB Regulation 32410, subdivision (a).

Decision No. 2838a

Employer: Santa Ana Unified School District

Case No. LA-CE-4939-E

Issued date: January 13, 2023


Description: Christine L. Felicijan filed a request that the Board reconsider its decision in Santa Ana Unified School District (2022) PERB Decision No. 2838 (non‑precedential). In that decision, the Board found Felicijan failed to prove that Santa Ana Unified School District had refused to consult with her as required by its Administrative Regulation in retaliation for Felicijan’s EERA-protected activities, and dismissed the complaint. In her motion for reconsideration, Felicijan claims the Board made prejudicial errors of fact, arguing that the Board erred while weighing and interpreting the record evidence and in making credibility determinations. The request registers disagreement the Board’s determinations and seeks to have the Board try again, which are not appropriate grounds for reconsideration.

Disposition: In a non-precedential decision the Board denied the request.

Decision No. 2851-M

Employer: County of Imperial

Case No. LA-CE-1537-M

Issued date: January 19, 2023


Description: Charging Party Imperial County Deputy District Attorneys Association alleged that Respondent County of Imperial violated the MMBA by: (1) unilaterally changing terms and conditions of employment without affording the Association adequate notice and an opportunity to meet and confer; (2) failing or refusing to meet and confer in good faith; (3) retaliating against the Association and the employees it represents for activities the MMBA protects; and (4) interfering with such protected activities. After the ALJ found in the County’s favor on each of these claims, the Association filed timely exceptions and the County responded.

Disposition: In a non-precedential decision, PERB affirmed the ALJ’s findings of fact and conclusions of law and dismissed the case.