Lynwood Teachers Association (Porter, et. al) (PERB 2542E)

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STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
ANGELA MARIE PORTER et al.,
Charging Parties, 	Case No. LA-CO-1623-E
v. 	PERB Decision No. 2542
LYNWOOD TEACHERS ASSOCIATION, 	November 9, 2017
Respondent.
Appearances: Angela Porter, Representative, on behalf of Angela Marie Porter et al.; Becker
Law Group by Todd A. Fuson, Attorney, for Lynwood Teachers Association.
Before Gregersen, Chair; Banks and Winslow, Members.
DECISION
WINSLOW, Member: This case is before the Public Employment Relations Board
(PERB or Board) on exceptions filed by the Lynwood Teachers Association (Association) to a
proposed decision of a PERB administrative law judge (ALJ). The complaint alleged that the
Association violated its duty of fair representation by failing to prosecute a grievance on behalf
of Angela Marie Porter et al.1 (collectively, Charging Parties) in violation of the Educational
Employment Relations Act (EERA) section 3548.2
A formal hearing was held on October 26, 2015, and the matter was submitted for
decision by the ALJ on December 4, 2015. The ALJ issued his proposed decision on
February 18, 2016, concluding that the Association had breached its duty of fair representation
1 In addition to Angela Marie Porter, the Charging Parties were Esmeralda Diaz,
Adriana Fernandez, Maria Cid, Laura Gonzalez, Maria Ledezma, Francisca Alvarado, Pamela
Finley and Maricela Zamorano. The complaint as to the latter two individuals was dismissed
due to their failure to appear at the hearing without good cause.
2 EERA is codified at Government Code section 3540, et seq.

by failing to invoke arbitration for the Charging Parties’ grievance over unpaid work as pre-
kindergarten teachers. To remedy this violation the ALJ ordered the Association to, among
other things, pay to the Charging Parties back pay (with interest of 7 percent per annum)
totaling an hour of pay for every day each person worked eight hours during the period
between January 10, 2014, and a date the Association files a grievance on Charging Parties’
behalf challenging their eight-hour work day.
The Association filed exceptions to the proposed decision on March 21, 2016, and
Angela Porter responded on behalf of herself and the other Charging Parties on April 14, 2016.
On October 17, 2017, the parties notified the Board that they had reached a settlement
of their dispute. Charging Parties requested to withdraw their unfair practice charge with
prejudice and the Association requested to withdraw its exceptions to the proposed decision.
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) [“The Board itself may: . . . take such
other action as it considers proper.”]; Turlock Irrigation District (2015) PERB Decision
No. 2413-M; State of California (Department of Personnel Administration) (2010) PERB
Decision No. 2152-S; Grossmont-Cuyamaca Community College District (2009) PERB Order
No. Ad-380.)
The Board has a longstanding policy favoring voluntary settlement of disputes. (Dry
Creek Joint Elementary School District (1980) PERB Order No. Ad-81.) Based on the Board's
review of the parties’ request, the Board finds the request to be in the best interest of the parties
and consistent with the purposes of EERA to promote harmonious labor relations.
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ORDER
The request by the Lynwood Teachers Association (Association) and the Charging
Parties, Angela Marie Porter et al., in Case No. LA-CO-1623-E is hereby GRANTED. The
Association’s exceptions to the proposed decision are deemed withdrawn. The unfair practice
charge is DISMISSED WITH PREJUDICE. The complaint is DISMISSED and the proposed
decision is hereby VACATED.
Chair Gregersen and Member Banks joined in this Decision.
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