PERB - California Public Employment Relations Board
12/02/2024 | Press release | Distributed by Public on 12/02/2024 10:32
November 2024 Board Decisions Summary
November 2024 Board Decisions Summary
In November 2024, the Board issued seven decisions. The decision descriptions and dispositions are below.
Employer: City of Alhambra
Case No. LA-CE-1598-M
Issued date: November 12, 2024
Non-Precedential
Description: The complaint alleged that the City of Alhambra violated the Meyers-Milias-Brown Act by (1) unilaterally resetting the anniversary dates for salary step increase eligibility for all Alhambra Firefighters Association, Local 1578 unit members who moved or promoted to a new classification, and (2) dominating or interfering with the administration of the Association. After a formal hearing, the ALJ sustained only the unilateral change claim.
Disposition: The Board affirmed the proposed decision but adjusted the remedy in two respects: (1) if the City recouped payments from any Association unit members due to its misapplication of MOU Article IV, as amended, the City shall compensate those members for their financial losses (Pasadena Area Community College District (2024) PERB Order No. Ad-518, p. 19, fn. 11; State of California (Correctional Health Care Services) (2021) PERB Decision No. 2760-S, p. 42); and (2) the City shall augment any monetary relief owed with daily compound interest (El Centro Regional Medical Center (2024) PERB Decision No. 2890-M, pp. 19-20).
Employer: County of Monterey
Case No. SF-CE-2050-M
Issued date: November 14, 2024
Non-Precedential
Description: Service Employees International Union, Local 521 (SEIU) requested that the Board reconsider footnote 8 in County of Monterey (2024) PERB Decision No. 2919-M (non-precedential). There, the Board found that the County of Monterey violated the Meyers-Milias-Brown Act by unilaterally reducing rest breaks and directly issuing memoranda and forms to employees represented by SEIU, thereby bypassing, undermining, and derogating SEIU's authority. The Board also clarified and adjusted the proposed remedial order to include (1) voiding any waiver forms SEIU-represented employees signed since January 1, 2023, and (2) ordering the County to make unit members whole for any rest breaks waived through the new forms beginning January 1, 2023, as well as for waived meal periods other than second meal periods waived by 12-hour shift employees.
Disposition: In a non-precedential decision, the Board granted the request and clarified the footnote to allow a compliance officer to award 90 minutes of pay, subject to SEIU's proof during compliance proceedings, if there are instances where an SEIU unit member worked through a 30-minute meal period and as a result of the County's unfair practices they lost both compensation for the time worked as well as a one-hour premium pursuant to Labor Code section 512.1, subdivision (c).
Employer: California School Employees Association-Chapter 115 v. Hacienda La Puente Unified School District
Case No. LA-CE-6653-E
Issued date: November 15, 2024
Precedential
Description: This case was before the Board on exceptions by Hacienda La Puente Unified School District to the proposed decision of an administrative law judge (ALJ). The complaint alleged that the District violated the Educational Employment Relations Act (EERA) by retaliating against and/or interfering with the rights of the exclusive representative's chapter president. Following an evidentiary hearing, the ALJ found that the District violated EERA by (1) initiating and conducting investigations regarding the chapter president for the California School Employees Association-Chapter 115 (CSEA); (2) failing to immediately stop its investigations upon learning that they were based on protected activity; (3) concluding that the chapter president's protected speech violated the District's civility policy and threatening corrective action; (4) issuing the chapter president a directive not to discuss the investigation with employees; (5) directing the chapter president to follow the District civility policy and be professional in all communications to District employees and officials; and (6) refusing to timely provide information requested by CSEA.
The ALJ issued a proposed decision ordering the District to cease and desist retaliating against the chapter president for exercising rights under EERA, interfering with rights guaranteed to employees under EERA, and interfering with CSEA's right to represent bargaining unit employees. The proposed order also ordered the District to provide information it had withheld and to meet and negotiate with CSEA about the provision of any missing information it had requested. The District filed exceptions, and CSEA responded but did not file cross-exceptions.
Disposition: The Board affirmed the findings of the proposed decision and upheld the ALJ's proposed remedy. The Board also modified the remedy to include a verbal notice reading by the District Superintendent.
Employer: Los Angeles County Metropolitan Transportation Authority and American Federation of State, County & Municipal Employees, Local 3634
Case No. LA-UM-1025-T
Issued date: November 15, 2024
Precedential
Description: Los Angeles County Metropolitan Transportation Authority (Metro) requested reconsideration of the Board's decision in Los Angeles Metropolitan Transportation Authority (2024) PERB Decision No. 2916-T. There, the Board upheld an administrative determination by PERB's Office of the General Counsel approving a unit modification petition filed by American Federation of State, County & Municipal Employees, Local 3634 (AFSCME), to add Accounting Supervisors to the supervisory employee bargaining unit it already represents. In relevant part, the Board found that Metro had not raised any objections to the proposed unit modification based on statutory community of interest factors, and thus that the Board agent did not err by not considering them. Metro's reconsideration request claimed that the Board erred in concluding that it had not raised a community of interest objection. Metro also asked the Board to revisit its caselaw holding that reconsideration is not available for decisions that are not based on an evidentiary record. AFSCME opposed Metro's request for reconsideration and requested attorney fees as a litigation sanction.
Disposition: The Board denied Metro's request for reconsideration. First, the Board reaffirmed its caselaw holding that reconsideration is only available for decisions that are based on a developed factual record. Second, the Board applied this rule and held that decisions reviewing administrative determinations by OGC to grant or deny representation petitions without a formal hearing are not subject to reconsideration. Third, the Board held that Metro's request for reconsideration was based on the Board's legal conclusions and not a purported factual error, and therefore did not comply with PERB Regulation 32410. The Board therefore denied Metro's request for reconsideration. The Board also found that Metro's conduct did not meet the sanctions standard, and therefore denied AFSCME's request for attorney fees.
Employer: Los Angeles Unified School District
Case No. LA-CE-6813-E
Issued date: November 19, 2024
Non-Precedential
Description: On August 5, 2024, the Board issued Los Angeles Unified School District (2024) PERB Decision No. 2914 [non-precedential], affirming the dismissal of Yvette Graham-Johnson's unfair practice charge. On August 28 and August 30, 2024, the Appeals Office issued administrative determinations rejecting Graham-Johnson's two attempts to file a statement of exceptions to the Board's decision. On September 9, 2024, Graham-Johnson filed a new document. appealing the administrative determinations and/or seeking reconsideration of PERB Decision No. 2914.
Disposition: In a non-precedential decision, the Board denied Graham-Johnson's appeal and request for reconsideration.
Organization: California Teachers Association (Denney)
Case No. LA-CO-1863-E
Issued date: November 21, 2024
Non-Precedential
Description: Charging Party Laura Denney alleged that Respondent California Teachers Association (CTA) violated the Educational Employment Relations Act (EERA) by breaching its duty of fair representation. PERB's Office of the General Counsel (OGC) dismissed the charge, as amended, for failure to state a prima facie case of an EERA violation because CTA is not the exclusive representative of any bargaining units at Denney's employer, Culver City Unified School District. On appeal, Denney restated a number of various charge allegations and also added new allegations without good cause.
Disposition: In a non-precedential decision, the Board affirmed OGC's dismissal.
Employer: Fresno Unified School District
Case No. SA-SV-192-E
Issued date: November 26, 2024
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.