PERB - California Public Employment Relations Board
09/05/2024 | Press release | Distributed by Public on 09/05/2024 12:35
August 2024 Board Decisions Summary
August 2024 Board Decisions Summary
In August 2024, the Board issued five decisions. The decision descriptions and dispositions are below.
Employer: County of Santa Cruz
Case No. SF-CE-2111-M
Issued date: August 1, 2024
Non-Precedential
Description: Charging party Service Employees International Union Local 521 appealed a partial dismissal of its unfair practice charge against respondent employer County of Santa Cruz. The Office of the General Counsel (OGC) dismissed SEIU's allegation that the County had unilaterally changed the terms and conditions of employment when it assigned additional work to a group of child support services workers.
Disposition: The Board reversed the Regional Attorney's dismissal of the allegation and remanded the matter to OGC to issue an amended complaint. The Board determined that a complaint should issue because SEIU alleged in its charge that the County's change required the child support services workers to do additional work, and the County failed to bargain over the change prior to implementing it.
Employer: Los Angeles Unified School District
Case No. LA-CE-6813-E
Issued date: August 5, 2024
Non-Precedential
Description: In her unfair practice charge, as amended, Yvette Graham-Johnson alleged that the Los Angeles Unified School District violated EERA by, among other conduct, retaliating against her for pursuing a grievance. PERB's Office of the General Counsel dismissed the amended charge for failure to state a prima facie case of any EERA violation. Graham-Johnson appealed the dismissal.
Disposition: In a non-precedential decision, the Board affirmed the dismissal.
Employer:California Faculty Association v. Trustees of the California State University
Case No. SA-CE-422-H
Issued date: August 19, 2024
Precedential
Description: California State University (CSU) adopted a new policy that reduced the number of immunizations students must obtain. California Faculty Association (CFA) filed an unfair practice charge alleging that CSU failed to afford it notice and opportunity to bargain over CSU's decision to adopt the new policy, and/or began implementing the policy without notice and opportunity to bargain over its reasonably foreseeable effects on faculty health and safety. After a formal hearing, an administrative law judge (ALJ) concluded that CSU had no duty to bargain over its decision, which involved a non-mandatory bargaining topic, but CSU unlawfully began to implement the policy without affording CFA notice and an opportunity to engage in effects bargaining. CSU filed exceptions as to the ALJ's effects bargaining conclusion. CFA opposed CSU's exceptions but filed no material exceptions of its own.
Disposition: The Board affirmed the ALJ's conclusion that CSU unlawfully began to implement a new policy without affording CFA advance notice and opportunity to bargain over the policy's effects on faculty health and safety. The Board adjusted the ALJ's proposed remedy in two respects. First, the Board reversed the ALJ's order that CSU rescind its new student vaccine policy pending effects bargaining. Second, the Board augmented the ALJ's make-whole order by directing CSU to reimburse CFA for wasted or diverted resources (if any) and/or other harm resulting from CSU's violation.
Employer:Pasadena City College Faculty Association v. Pasadena Area Community College District
Case No. LA-CE-6601-E
Issued date: August 19, 2024
Precedential
Description: Neither Charging Party Pasadena City College Faculty Association (PCCFA) nor Respondent Pasadena Area Community College District filed exceptions to a proposed decision, which therefore became a final decision. (Pasadena Area Community College District (2023) PERB Decision No. HO-U-1762.) That decision found the District unilaterally changed the work calendar of PCCFA-represented faculty in multiple respects. One such change was moving from a calendar that included a Winter Intersession and a Summer Intersession to a new calendar with two Summer Intersessions and no Winter Intersession. PERB's Office of the General Counsel assigned a Board agent to ensure compliance with the decision's remedial order, including damages to faculty who incurred losses due to the District's unilateral change. The Board agent issued an Administrative Determination (AD) resolving certain compliance issues. The District appealed the determination regarding damages owed to faculty, and PCCFA opposed the District's appeal.
Disposition: The Board found that the AD erred in calculating damages. PCCFA seeks make-whole relief based on only one of the District's unilateral changes: replacing the Winter Intersession with a second Summer Intersession in 2022 and 2023. But the AD estimated damages based on a different change-reducing the total number of intersession hours offered-which was not one of the unilateral changes found. Accordingly, the Board reversed and remanded to the Board agent to estimate damages in a manner that assumed the District's reduction in total intersession hours was lawful.
Employer: Los Angeles County Metropolitan Transportation Authority
Case No. LA-UM-1025-T
Issued date: August 26, 2024
Precedential
Description: AFSCME Local 3634 represents a unit of supervisory employees of the Los Angeles County Metropolitan Transportation Authority. The union petitioned to add Accounting Supervisors to its bargaining unit. Metro opposed AFSCME's petition, asserting that Accounting Supervisors should be excluded from the unit because they are managerial, professional, and confidential employees. Following an investigation, PERB's Office of the General Counsel (OGC) issued an administrative determination granting AFSCME's petition. Metro appealed.
Disposition: The Board found, based on its text and legislative history, that the Los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act (TEERA; Pub. Util. Code, ยงยง 99560-99570.4) does not exclude managerial employees. But, even considering all of Metro's facts and arguments, Accounting Supervisors are not managerial or confidential employees. The Board also found that TEERA does not create a presumption that professional employees should be represented separately from non-professional employees. Accordingly, the Board affirmed OGC's administrative determination and added Accounting Supervisors to the existing supervisory employee bargaining unit.