Public Employment Relations Bd. v. Modesto City Schools Dist.
| Decision Date | 22 October 1982 |
| Citation | 136 Cal.App.3d 881,186 Cal.Rptr. 634 |
| Court | California Court of Appeals Court of Appeals |
| Parties | , 7 Ed. Law Rep. 173 PUBLIC EMPLOYMENT RELATIONS BOARD, Plaintiff and Respondent, v. MODESTO CITY SCHOOL DISTRICTS, Defendant and Appellant; Modesto Teachers Association, Defendant and Respondent. MODESTO CITY SCHOOL DISTRICTS, Plaintiff and Appellant, v. MODESTO TEACHERS ASSOCIATION et al., Defendants and Respondents. Civ. 5603, Civ.5605. |
In 5 Civil No. 5605, Modesto City Schools District (District) appeals from the court's denial of injunctive relief against the Modesto Teachers' Association (Association) during a time when the Association was engaged in a strike against the District. In 5 Civil No. 5603, the District appeals from the issuance of an injunction on behalf of the Public Employment Relations Board (PERB) against the District. This injunction ordered the District to reopen bargaining in certain areas and refrain from instituting certain unilateral actions. It was conditioned to an injunction ordering the teachers back to work.
On March 4, 1980, Association went on strike against District. Negotiations between District and Association had commenced on June 16, 1979. Impasse was declared in September 1979. The previous collective bargaining agreement expired on August 31, 1979.
When mediation was unsuccessful, the dispute was certified for factfinding. Factfinding hearings were conducted in November and December 1979 and a factfinding report was issued on January 30, 1980.
Following the issuance of the factfinding report, District took the position that negotiations were over and that it no longer had any obligation to exchange proposals. District refused a request by Association to enter into post-factfinding mediation.
On February 25, 1980, District unilaterally adopted a series of policies relating to wages, hours and working conditions. It was District's contention that all unilateral actions either adopted the factfinding recommendation or adopted District's "last best offer." District and Association were in vigorous dispute about whether the District's actions on February 25 were indeed the implementation of its last best offer or something different. PERB contended that its investigation produced information strongly indicating that some of the February 25 actions were different from the District's last offers. Association and PERB contended that the Association made several concessions in its proposals in the latter part of February and the early part of March 1980.
On the day the strike began, District filed an unfair practice charge against the Association, accusing Association of violating Government Code section 3543.6, subdivisions (a), (b), (c) and (d), 2 by striking. At the same time, the District requested PERB to seek injunctive relief against the Association's work stoppage.
On March 6, 1980, Association filed three unfair practice charges against District, accusing it of violating section 3543.5, subdivisions (a), (b), (c) and (e), and section 3543.1, subdivision (c). Association requested PERB to seek injunctive relief against the District in order to block the alleged unilateral changes made by District on February 25 and to compel negotiations.
On March 7, 1980, before PERB made its decision regarding District's desire for an injunction against the striking teachers, District filed a complaint seeking a temporary restraining order and preliminary injunction against Association.
After an initial phase of investigation, PERB, on March 10, 1980, determined that it had insufficient information to seek injunctive relief against either District or Association. PERB directed a further investigation and solicited from both parties the answers to a specific set of questions. Two days later, after receiving these responses, PERB concluded there were adequate grounds to seek injunctive relief.
On March 12, 1980, PERB, in decision No. IR 12, concluded that it was probable that District violated section 3543.5, subdivision (c), by refusing to meet and negotiate with Association over concessions and new proposals that Association offered following exhaustion of statutory procedures to break impasse. PERB also found that it was probable that District violated section 3543.5, subdivision (c), by unilaterally changing some terms and conditions of employment. Furthermore, PERB found that the Association's work stoppage "appears to be a protective response to an employer's unfair practices." However, PERB stated, "unconditional injunctive relief against the employer alone would not completely stabilize the negotiating relationship between the parties." Noting that Association had demonstrated a desire to resolve differences at the negotiation table by making numerous proposals and counterproposals on significant issues following factfinding, and noting that District had met with Association to hear their ideas even though it felt it had no duty to enter into further negotiations, PERB found that the ultimate purpose of the Educational Employment Relations Act (EERA) (§ 3540 et seq.) would best be served if District and Association would resolve their disputes at the negotiating table. Thus, PERB determined that District's obligation to resume negotiations and to rescind its unlawful unilateral actions should be conditioned upon the reciprocal obligation of Association to end its work stoppage.
On the same date, March 12, the superior court issued an order to show cause and a temporary restraining order against District. Following the recommendation of PERB, District was ordered to refrain from failing to negotiate on those items before the parties on which there was a material change in Association's position subsequent to the publication of the factfinder's report. District was also ordered to refrain from implementing any unilateral changes other than those set forth in their last best offer to Association.
In a separate action instituted on the same date, PERB also obtained an order to show cause and a temporary restraining order against Association's strike, conditioned upon District's abandonment of its unfair negotiating practices.
It was District's contention that the wording of the restraining order was too vague; hence, the District prepared to return to court to seek reconsideration or dissolution of the order pending clarification. However, on the day of District's request for an order shortening time in order that a motion to reconsider or dissolve might be heard, PERB filed a lengthy amendment to its complaint, and the order shortening time was not granted. PERB's amendment to its complaint alleged additional information in support of its request for injunctive relief. This amendment provided details to support the contention that there had been a variety of changes in position on numerous subjects since the unilateral implementation by District on February 25. Moreover, the amendment stated that
On March 27, 1980, a hearing was held which encompassed the injunction sought by PERB against the District and the Association, as well as the injunction against the Association sought by the District.
PERB, analogizing to cases decided under the National Labor Relations Act (NLRA) (29 U.S.C. § 151 et seq.), contended that it could still be an unfair labor practice for an employer to refuse to negotiate in good faith after impasse. It was PERB's contention that while District had the right to unilaterally impose conditions of employment consistent with its last best offer and that it could not be compelled to change that, District, nonetheless, could still be required to negotiate further in good faith subsequent to impasse.
Association contended that it was not for the court to make the final determination of whether or not an unfair practice existed, but rather, the court need only determine that there was reasonable cause to believe that a violation of the act occurred before rendering some temporary interim relief to maintain the situation pending the final determination.
Also analogizing to federal authority, Association contended that after impasse, "once there has been a material or substantial change of circumstances the duty to bargain is reimposed." Association pointed out that District's imposition of a 6 percent pay increase and a number of other rules and unilateral acts inconsistent with the last best offer were per se unlawful even under the National Labor Relations Board (NLRB). Additionally, Association reminded the court that there were a number of concessions made by Association after factfinding and before the strike, which under the NLRA would be material changes requiring District to resume bargaining, at least as to those points where concessions had been made.
District argued that there would be irreparable injury if the court issued the injunction against the District. District also argued that the proposed injunction was so vague that it would render compliance difficult and impossible.
The court noted...
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