Oroville Union High School District (PERB 2627EA)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
OROVILLE SECONDARY TEACHERS
ASSOCIATION, CTA/NEA,
Charging Party,
v.
OROVILLE UNION HIGH SCHOOL
DISTRICT,
Respondent.
Case No. SA-CE-2843-E
PERB Decision No. 2627a
October 22, 2021
Appearances: California Teachers Association by Jacob Rukeyser, Attorney, for
Oroville Secondary Teachers Association, CTA/NEA; Dannis Woliver Kelley by
Christian Keiner and Ellen Wu, Attorneys, for Oroville Union High School District.
Before Banks, Chair; Shiners and Krantz, Members.
DECISION
BANKS, Chair: This case is before the Public Employment Relations Board
(PERB or Board) after the Court of Appeal for the Third Appellate District issued its
unpublished opinion and order in Oroville Union High School District v. Public
Employment Relations Bd. (Cal. Ct. App., Aug. 20, 2021, No. C089108, 2021
WL 3700495.) Pursuant to the Court of Appeal’s order, as discussed below, we vacate
in part Oroville Union High School District (2019) PERB Decision No. 2627 (Oroville)
and issue a modified remedial order in this matter.
In Oroville, supra, PERB Decision No. 2627, we concluded that the Oroville
Union High School District violated the Educational Employment Relations Act (EERA)
by: (1) denying Oroville Secondary Teachers Association bargaining team members a

2
reasonable amount of released time to prepare for negotiations; and (2) unilaterally
changing policy by requiring two Association bargaining team members to use
Personal Necessity Leave to participate in Association business on a particular date.1
Among other remedies, we ordered the District to provide Association bargaining team
members a reasonable amount of released time to prepare for negotiations, as
requested by the Association, and to rescind the policy of requiring Association
members to take Personal Necessity Leave to participate in Association business.
In its opinion and order, the Court of Appeal affirmed our conclusion that EERA
section 3543.1, subdivision (c) provides a reasonable amount of released time for
negotiations preparation. The court set aside the parts of our original decision and
order that found the District made an unlawful unilateral change to its existing policy
by requiring two Association bargaining team members to use Personal Necessity
Leave to engage in Association business.
In accordance with the Third District’s order, we hereby vacate the discussion
and related conclusions of law addressing the Association’s unilateral change
allegation on pages 24-26 of Oroville, supra, PERB Decision No. 2627. The remainder
of the decision shall remain in effect. We also vacate our original order and issue the
following modified order in this matter.
Pursuant to EERA section 3541.5, subdivision (c), it hereby is ORDERED that
the District, its governing board and its representatives shall:
1 EERA is codified at Government Code section 3540 et seq. All further
statutory references are to the Government Code.

3
A. 	CEASE AND DESIST FROM:
1. 	Denying Association bargaining team members a reasonable
amount of released time to prepare for negotiations.
B. 	TAKE THE FOLLOWING AFFIRMATIVE ACTIONS DESIGNED TO
EFFECTUATE THE POLICIES OF EERA:
1. 	Provide Association bargaining team members a reasonable
amount of released time to prepare for negotiations, as requested by the Association.
2. 	Reimburse the Association for any costs incurred on behalf of all
five Association bargaining team members for negotiations preparation on
January 27, 2016, including but not limited to any costs incurred for substitute
teachers.
3. 	Make whole all five Association bargaining team members who
attended the January 27, 2016 negotiations preparation meeting and were adversely
affected by the District’s violations of EERA, including:
a. 	Restore any and all leave deducted from those employees’
leave balances as a result of the District’s unlawful violations of EERA.
b. 	Change all AESOP records related to those employees’
absences on January 27, 2016 to Negotiations Leave.
4. 	Within 10 workdays after service of this decision, post at all work
locations in the District, where notices to District faculty customarily are posted, copies
of the Notice attached hereto as an Appendix. The Notice must be signed by an
authorized agent of the District, indicating that it will comply with the terms of this

4
Order. Such posting shall be maintained for a period of 30 consecutive workdays.2 In
addition to physical posting of paper notices, the District shall also post the Notice by
electronic message, intranet, internet site, and other electronic means customarily
used by the District to communicate with employees represented by the Association.
Reasonable steps shall be taken to ensure that the Notice is not reduced in size,
altered, defaced or covered with any other material.
5. 	Written notification of the actions taken to comply with this Order shall be
made to the General Counsel of the Public Employment Relations Board, or the
General Counsel’s designee. Respondent shall provide reports, in writing, as directed
by the General Counsel or designee. All reports regarding compliance with this Order
shall be concurrently served on the Association.
Members Shiners and Krantz joined in this Decision.
2 In light of the ongoing COVID-19 pandemic, Respondent shall notify
PERB’s Office of the General Counsel (OGC) in writing if, due to an extraordinary
circumstance such as an emergency declaration or shelter-in-place order, a majority
of employees at one or more work locations are not physically reporting to their work
location as of the time the physical posting would otherwise commence. If Respondent
so notifies OGC, or if Charging Party requests in writing that OGC alter or extend the
posting period, require additional notice methods, or otherwise adjust the manner in
which employees receive notice, OGC shall investigate and solicit input from all
parties. OGC shall provide amended instructions to the extent appropriate to ensure
adequate publication of the Notice, such as directing Respondent to commence
posting within 10 workdays after a majority of employees have resumed physically
reporting on a regular basis; directing Respondent to mail the Notice to all employees
who are not regularly reporting to any work location due to the extraordinary
circumstance, including those who are on a short term or indefinite furlough, are on
layoff subject to recall, or are working from home; or directing Respondent to mail the
Notice to those employees with whom it does not customarily communicate through
electronic means.

APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
An Agency of the State of California
THIS IS AN OFFICIAL NOTICE. IT MUST REMAIN POSTED FOR AT LEAST 30
CONSECUTIVE WORKDAYS FROM THE DATE OF POSTING AND MUST NOT BE
REDUCED IN SIZE, DEFACED, ALTERED OR COVERED WITH ANY OTHER
MATERIAL.
After a hearing in Unfair Practice Case No. SA-CE-2843-E, Oroville Secondary
Teachers Association, CTA/NEA v. Oroville Union High School District, in which all
parties had the right to participate, it has been found that the Oroville Union High
School District violated the Educational Employment Relations Act (EERA),
Government Code section 3540 et seq., when it denied Oroville Secondary Teachers
Association bargaining team members a reasonable amount of released time to
prepare for negotiations.
As a result of this conduct, we have been ordered to post this Notice and we
will:
A. 	CEASE AND DESIST FROM:
1. 	Denying Association bargaining team members a reasonable
amount of released time to prepare for negotiations.
B. 	TAKE THE FOLLOWING AFFIRMATIVE ACTIONS DESIGNED TO
EFFECTUATE THE POLICIES OF EERA:
1. 	Provide Association bargaining team members a reasonable
amount of released time to prepare for negotiations, as requested by the Association.
2. 	Reimburse the Association for any costs incurred on behalf of all
five Association bargaining team members for negotiations preparation on
January 27, 2016, including but not limited to any costs incurred for substitute
teachers.
3. 	Make whole all five Association bargaining team members who
attended the January 27, 2016 negotiations preparation meeting and were adversely
affected by the District’s violations of EERA, including:
a. 	Restore any and all leave deducted from those employees’
leave balances as a result of the District’s unlawful violations of EERA.
b. 	Change all AESOP records related to those employees’
absences on January 27, 2016 to Negotiations Leave.
Dated: _____________________ 	OROVILLE UNION HIGH SCHOOL DISTRICT
By: _________________________________
Authorized Agent