STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD

PART-TIME FACULTY UNITED, AFT,                    )                    CASE NO. LA-CE-4357-E
                                                                                     )
              Charging Party,                                                )                    PERB Decision No. 1506
                                                                                      )
       v.                                                                            )                    January 8, 2003
                                                                                      ) 
                                                                                      )
SANTA CLARITA COMMUNITY COLLEGE           )
DISTRICT (COLLEGE OF THE CANYONS),            )
                                                                                      )
              Respondent.                                                     ) 
___________________________________________)
                                                                                      )
LYN CHARLES "CHUCK" WHITTEN,                       )                    CASE NO. LA-CO-1092-E
                                                                                      )
              Charging Party,                                                 ) 
                                                                                      )
       v.                                                                            ) 
                                                                                      )
COLLEGE OF THE CANYONS FACULTY               )
ASSOCIATION,                                                           )
                                                                                      )
              Respondent.                                                     )
___________________________________________)
                                                                                      )
BEVERLY JOANN COPE,                                          )                     CASE NO. LA-CO-1093-E
                                                                                      )
              Charging Party,                                                 )
                                                                                       )
       v.                                                                             )
                                                                                       )
COLLEGE OF THE CANYONS FACULTY                )
ASSOCIATION,                                                            )
                                                                                        )
              Respondent.                                                       )
____________________________________________)

Appearances:  Law Offices of Robert J. Bezemek by Robert J. Bezemek and Martin J. Fassler, Attorney, for Part-Time Faculty United, AFT; Liebert Cassidy Whitmore by Mary L. Dowell, Attorney, for Santa Clarita Community College District (College of the Canyons); California Teachers Association by Michael D. Hersch, Attorney, for Intervenor College of the Canyons Faculty Association. 

Before Baker, Whitehead, and Neims, Members.

NEIMA, Member: This case comes before the Public Employment Relations Board (PERB or Board) on appeal by Part-Time Faculty United, AFT (PFU), of a dismissal by an administrative law judge (ALJ) of the unfair labor practice charge in Case No. LA-CE-4357-E.  The charge in that case alleged that the Santa Clarita Community College District (College of the Canyons) (District) violated the Educational Employment Relations Act (EERA)(1)  by encouraging employees to join one organization over another by entering an agreement with the College of the Canyons Faculty Association (COCFA), the exclusive representative of the full-time faculty, to modify the bargaining unit to include part-time instructors at a time when the District was on notice that PFU was attempting to organize the part-time faculty.  This conduct was alleged to constitute violations of EERA section 3543.5(a), (b) and (d).(2)

After reviewing the entire record in this case, including the proposed decision, PFU’s exceptions, the District’s response to the exceptions, COCFA’s reply to the exceptions, and an informal brief filed by the California Labor Federation,(3)  the Board reverses the proposed decision of the ALJ.(4)

[Footnotes]
  (1) EERA is codified at Government Code section 3540 et seq.  Unless otherwise indicated, all statutory references herein are to the Government Code.

  (2) EERA section 3543.5 provides, in relevant part:

It shall be unlawful for a public school employer to do any the following:

(a) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter.  For purposes of this subdivision, “employee” includes an applicant for employment or reemployment.

(b) Deny to employee organizations rights guaranteed to them by this chapter.

(d) Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any organization in preference to another.

  (4) This case was consolidated by the ALJ for hearing and decision with Case Nos. LA-CO-1092-E and LA-CO-1093-E.  In those cases, two individuals, Charles Whitten (Whitten) and Beverly Cope (Cope), alleged that COCFA interfered with their rights to participate in the activities of PFU, in violation of EERA section 3543.6(b).  At the time of consolidation, it was determined that evidence presented on behalf of any charging party would be presented on behalf of them all.  As no exceptions were filed by or on behalf of Whitten or Cope, the ALJ’s dismissal of Case Nos. LA-CO-1092-E and LA-CO-1093-E is final.  Thus, only Case No. LA-CE-4357-E is before the Board herein.

[THIS SECTION COMPRISES 24 PAGES OF ARGUMENT SUMARIES ENTERED BY ALL INVOLVED PARTIES IN THIS CASE.]

Based on the forgoing findings of fact, conclusions of law, and the entire record in this case, it is found that the Santa Clarita Community College District (District) violated the Educational Employment Relations Act (EERA), Government Code section 3543.5(d) by contributing support to an employee organization and encouraging employees to join one organization in preference to another when it entered into a unit modification agreement with the College of the Canyons Faculty Association, CTA/ NEA (COCFA), to expand the full-time faculty unit represented by COCFA to include unrepresented part-time faculty at a time when the District was on notice that part-time faculty were being organized and were seeking representation by Part-Time Faculty United, AFT.

Pursuant to EERA section 3541.5(c), it is hereby ORDERED that the District, its administrators and representatives shall:

A. CEASE AND DESIST FROM:

1. Contributing support to an employee organization;

2. Encouraging employees to join one organization in preference to another;

3. Entering into or enforcing a unit modification agreement with the College of the Canyons Faculty Association, CTA/NEA (COCFA), to expand the full-time faculty unit represented by COCFA to include unrepresented part-time faculty when the District is on notice that part-time faculty are being organized and are seeking representation by another employee organization;

B. TAKE THE FOLLOWING AFFIRMATIVE ACTIONS DESIGNED TO EFFECTUATE THE POLICIES OF THE EERA:

1. Within ten (10) workdays following the date this decision is no longer subject to appeal, post at all locations where notices are customarily posted, copies of the notice attached hereto as an Appendix.

2. Written notification of the actions taken to comply with this Order shall be made to the San Francisco Regional Director of the Public Employment Relations Board (PERB) in accordance with the director’s instructions.  Continue to report in writing to the regional director thereafter as directed.  All reports to the regional director shall be concurrently served on the Part-Time Faculty United, AFT.

Members Baker and Whitehead joined in this Decision.

NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
An Agency of the State of California

After a hearing in the Unfair Practice Case No. LA-CE-4357-E, Part-Time Faculty United, AFT v. Santa Clarita Community College District, in which all parties had the right to participate, it has been found that the Santa Clarita Community College District (District) violated the Educational Employment Relations Act (EERA), Government Code section 3543.5(d) by contributing support to an employee organization and encouraging employees to join one organization in preference to another when it entered into a unit modification agreement with the College of the Canyons Faculty Association, CTA/NEA (COCFA), to expand the full-time faculty unit represented by COCFA to include unrepresented part-time faculty at a time when the District was on notice that part-time faculty were being organized and were seeking representation by Part-Time Faculty United, AFT. 

Pursuant to EERA section 3541.5(c), it is hereby ORDERED that the District, its administrators and representatives shall:

A.  CEASE AND DESIST FROM:

1. Contributing support to an employee organization;

2. Encouraging employees to join one organization in preference to another;

3. Entering into or enforcing a unit modification agreement with the College of the Canyons Faculty Association, CTA/NEA (COCFA), to expand the full-time faculty unit represented by COCFA to include unrepresented part-time faculty when the District is on notice that part-time faculty are being organized and are seeking representation by another employee organization.

                                                                         By: ____________________________________
                                                                                                   Authorized Agent

THIS IS AN OFFICIAL NOTICE.  IT MUST REMAIN POSTED FOR AT LEAST THIRTY (30) CONSECUTIVE WORKDAYS FROM THE DATE OF POSTING AND MUST NOT BE REDUCED IN SIZE, DEFACED, ALTERED OR COVERED WITH ANY OTHER MATERIAL.