Kern Community College District (PERB 1999E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
KERN COMMUNITY COLLEGE DISTRICT,
Charging Party,
V.
CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION & ITS CHAPTERS 246,336, &
617,
Respondent.	Respondent.
Case No. LA-CO-1324-E
PERB Decision No. 	1999
January 20, 2009
Appearances: 	Liebert Cassidy Whitmore by Eileen O'Hare Anderson, Attorney, for Kern
Community College District; Sonja J. Woodward, Attorney, for California School Employees
Association & its Chapters 246, 336, & 617.
Before Neuwald, Chair; Wesley and Rystrom, Members.
DECISION
NEUW ALD, Chair: 	This case is before the Public Employment Relations Board
(Board) on appeal by the Kern Community College District (District) of a Board agent's
dismissal of its unfair practice charge. The charge alleged that the California School
Employees Association and its Chapters 246, 336 and 617 (CSEA) violated the Educational
Employment Relations Act (EERA) 1 by refusing to bargain in good faith when it refused to
sign a tentative agreement/memorandum of understanding, and subsequently engaged in bad
faith acts including maintaining an untenable, unreasonable bargaining position; threatening to
strike; engaging disruptive activities; and attempting to bypass the District bargaining team and
directly deal with the District's Board of Trustees. 	The District alleged that this conduct
constituted a violation ofEERA section 3543.6(c).
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
COMMUNITY COLLEGE DISTRICT,
Charging Party, 	Case No. LA-CO-1324-E
V . 	PERB Decision No. 1999
January 20, 2009	CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION & ITS CHAPTERS 246, 336, &
617,
Appearances: Liebert Cassidy Whitmore by Eileen O'Hare Anderson, Attorney, for Kern
Community College District; Sonja J. Woodward, Attorney, for California School Employees
Association & its Chapters 246, 336, & 617.
Before Neuwald, Chair; Wesley and Rystrom, Members.
DECISION
NEUWALD, Chair: This case is before the Public Employment Relations Board
(Board) on appeal by the Kern Community College District (District) of a Board agent's
dismissal of its unfair practice charge. The charge alleged that the California School
Employees Association and its Chapters 246, 336 and 617 (CSEA) violated the Educational
Employment Relations Act (EERA)' by refusing to bargain in good faith when it refused to
sign a tentative agreement/memorandum of understanding, and subsequently engaged in bad
faith acts including maintaining an untenable, unreasonable bargaining position; threatening to
strike; engaging disruptive activities; and attempting to bypass the District bargaining team and
directly deal with the District's Board of Trustees. The District alleged that this conduct
constituted a violation of EERA section 3543.6(c).
EERA is codified at Government Code section 3540 et seq.
1EERA is codified at Government Code section 3540 et seq.

letter dated December 17, 2008, the District notified the Board that on December 15
it reached a settlement with CSEA over the matters covered in the charge. The District
requested to withdraw its appeal and the underlying unfair practice charge.	requested to withdraw its appeal and the underlying unfair practice charge.
After reviewing this request and the entire record in this matter, the Board finds that	After reviewing this request and the entire record in this matter, the Board finds that
granting this request is in the best interests of the parties and consistent with the purposes of	granting this request is in the best interests of the parties and consistent with the purposes of
EERA. Accordingly, the Board grants the withdrawal.	EERA. Accordingly, the Board grants the withdrawal.
ORDER
It is hereby ORDERED that the request by the Kern Community College District to	It is hereby ORDERED that the request by the Kern Community College District to
withdraw the unfair practice charge in Case No. LA-CO-1324-E is hereby GRANTED. It is	withdraw the unfair practice charge in Case No. LA-CO-1324-E is hereby GRANTED. It is
ORDERED that the appeal is DISMISSED WITH PREJUDICE.	ORDERED that the appeal is DISMISSED WITH PREJUDICE.
Members Wesley and Rystrom joined in this Decision.	Members Wesley and Rystrom joined in this Decision.
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