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Full PERB Board Slams SCUSD for “District’s Unlawful Conduct”

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Awards Attorney Fees to SCTA

Today (November 2), the California Public Employment Relations Board (PERB) unanimously upheld a PERB Administrative Law Judge’s (ALJ) decision that ruled that the Sacramento City Unified School District violated the law and must reimburse SCTA’s attorney fees in defending teachers from SCUSD’s illegal actions. You can view the decisions here.

According to the decision, SCUSD contended that it did not violate the law or the contract, “even if–as the [Sacramento County] Superior Court, arbitrator, and ALJ all found–it violated the CBA when it refused to arbitrate the salary schedule grievance.” This decision now adds the full PERB to that list who have rejected out of hand the SCUSD contention.

The PERB decision is the latest SCUSD legal loss.

This case began when the District backtracked from its agreement to implement a new salary schedule, then took the unprecedented step to sue teachers to try to stop the enforcement of the contract.

PERB has issued more unfair labor practice complaints against SCUSD in the last 3 years than any other school district in California.

PERB includes in its decsion orders that SCUSD must:

“CEASE AND DESIST FROM:”

“Interfering with the right of bargaining unit employees to be represented by their employee organization.”

“Denying SCTA the right to represent bargaining unit employees in their employment relations with the District.”

The decision also requires SCUSD to take other actions, including:

“TAKE THE FOLLOWING AFFIRMATIVE ACTIONS DESIGNED TO EFFECTUATE THE POLICIES OF THE ACT:”

“Make SCTA whole for losses it suffered as a result of the District’s unlawful conduct . . .”

“post at all District locations where notices are customarily posted, copies of [this Notice including] by electronic means customarily uses by the District to regularly communicate with employees in the bargaining unit.”

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