November 2017 Advocate: District admits it “erred”
UNFAIR LABOR PRACTICE
District admits it “erred” by offering their “factual” information to faculty about negotiations
The following announcement was sent on November 2 to all faculty from Executive Vice Chancellor Kathy Blackwood to announce the settlement of an Unfair Labor Practice charge that AFT 1493 filed against the District in October 2016. Note that the legal term “with prejudice” means that the charge is to be withdrawn and the same case over the same facts for the same time period cannot be re-filed with PERB. –Ed.
During collective bargaining negotiations between the District and AFT 1493 last year, the District sent an email to all faculty on October 17, 2016, entitled “Negotiations Update,” that discussed the negotiations. The District wrote that it was providing information about the District’s latest proposal, and invited District faculty to directly contact specified administrators “with any questions you have or if you need additional factual information concerning the District’s [bargaining] proposal.”
In response, AFT filed an unfair labor practice charge with PERB alleging, among other things, that the District’s email attempted to bypass, undermine and derogate AFT 1493 by inviting faculty to engage in direct communication with District administrators regarding the particulars of the District’s bargaining proposal. The PERB subsequently issued a Complaint and the District subsequently denied these allegations.
Negotiations concluded this Fall with a new Collective Bargaining Agreement signed by the parties, and now the parties have decided to settle their differences in this case without the need for a formal PERB hearing.
As part of this settlement the District agrees that it erred by inviting faculty to engage in direct communication with District administrators regarding the particulars of the District’s bargaining proposal.
The District agrees that will not make similar invitations in future “negotiations updates” (or in communications) to District faculty represented by AFT 1493.
AFT agrees to and hereby does withdraw the unfair labor practice charge in this matter with prejudice and asks PERB to dismiss with prejudice the PERB Complaint issued in this case.
If any unit members have questions about this announcement, they should contact AFT Executive Director Dan Kaplan, President Monica Malamud or Chief Negotiator Joaquin Rivera.
This announcement has been approved by the District and AFT.
Kathy Blackwood Monica Malamud