Bellflower Unified School District (PERB 2403E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION AND ITS CHAPTER 32,
Charging Party,
v.
BELLFLOWER UNIFIED SCHOOL DISTRICT,
Respondent.
Case No. LA-CE-5707-E
PERB Decision No. 2403
December 19, 2014
BELLFLOWER UNIFIED SCHOOL DISTRICT,
Charging Party,
v.
CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION AND ITS CHAPTER 32,
Respondent.
Case No. LA-CO-1509-E
Appearances: Charmaine L. Hunting, Attorney, for California School Employees Association
and its Chapter 32; Law Office
of
Eric Bathen by Eric Bathen, Attorney, for Bellflower
Unified School District.
Before Martinez, Chair; Huguenin and Banks, Members.
DECISION
HUGUENIN, Member: This case is before the Public Employment Relations Board
(PERB or Board) on exceptions filed by the Bellflower Unified School District (District) to a
proposed decision
of
a PERB administrative law judge (ALJ), following a consolidated hearing
on two unfair practice charge complaints issued pursuant to the Educational Employment
Relations Act (EERA). 1
1 The EERA is codified at Government Code section 3540 et seq.

On February 1, 2012, the District filed an unfair practice charge against California
School Employees Association and its Chapter 32 (CSEA) accusing CSEA of bad faith
bargaining. That charge was assigned PERB Case No. LA-CO-1509-E. On June 6, 2012,
CSEA filed its own charge alleging that the District unilaterally and discriminatorily
implemented furloughs in the 2011-2012 school year. That charge was assigned Case
No. LA-CE-5707-E. On October 30, 2012, PERB's Office of the General Counsel issued
complaints in both cases and the two cases were consolidated for further proceedings. A
formal hearing was held for both cases on April 8-10, 2013.
PERB's ALJ issued his proposed decision on July 31, 2013. Regarding Case
No. LA-CE-5707-E, the ALJ concluded that the District violated EERA section 3543.S(a), (b)
and (c) by unilaterally imposing furlough days on the classified bargaining unit and by
discriminating against certain classified bargaining unit members because of the CSEA
position in bargaining. The ALJ proposed a cease and desist order and a make whole order to
compensate classified bargaining unit employees for financial losses incurred as a result of
unilaterally implemented furlough days during the 2011-2012 school year. Regarding Case
No. LA-CO-1509-E, the ALJ concluded that the District failed to establish that CSEA had
negotiated in bad faith and proposed to dismiss the complaint.
On August 20, 2013, the District timely filed exceptions. On December 26, 2013, after
obtaining an extension, CSEA timely filed its response.
By facsimile transmission received on November 12, 2014, the parties tendered a joint
request to dismiss with prejudice both pending cases, based on their agreement dated
October 1, 2014, regarding various maters which included a provision that the parties would
jointly request for dismissal with prejudice of both pending cases. We construe the joint
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request as one to withdraw with prejudice the respective unfair practice charges and to dismiss
with prejudice the respective PERB complaints.
The Board has the discretion to grant or deny requests to withdraw and dismiss cases
pending before the Board itself. (PERB Reg. 32320(a)(2)2 ["The Board itself may:
...
take
such other action as it considers proper."]; State
of
California (Department
of
Personnel
Administration) (2010) PERB Decision No. 2152-S; Grossmont-Cuyamaca Community
College District (2009) PERB Order No. Ad-380; Oakland Unified School District (1988)
PERB Order No. Ad-171a;
ABC
Unified School District (1991) PERB Decision No. 831b.)
Based on the Board's review
of
the parties' joint request and the entire record in this
matter, the Board finds withdrawal
of
the unfair practice charges and dismissal
of
the PERB
complaints to be in the best interest
of
the parties and consistent with the purposes
of
the
EERA to promote harmonious labor relations. Accordingly, the Board grants with prejudice
the parties' joint request to withdraw the unfair practice charges and dismiss the PERB
complaints.
ORDER
The requests by the California School Employees Association and its Chapter 32, and
the Bellflower Unified School District, to withdraw with prejudice the unfair practice charges
and to dismiss with prejudice the Public Employment Relations Board complaints in Case
Nos. LA-CE-5707-E and LA-CO-1509-E, are hereby GRANTED.
Chair Martinez and Member Banks joined in this Decision.
2 PERB Regulations are codified at California Code of Regulations, title 8,
section 31001 et seq.
3