The County Superintendent recognizes the importance of maintaining ongoing positive relations with employees and engaging in fair, respectful negotiations with employee organizations. The County Board desires to reach agreement on employment contracts in a manner that does not disrupt school operations or impact student achievement.
(cf. 4141/4241 - Collective Bargaining Agreement)
(cf. 4143/4243 - Negotiations/Consultation)
The County Superintendent recognizes that advance planning is necessary to ensure that students receive the education to which they are entitled in the event of a work slowdown, sickout, strike, or other concerted activity by employees. The County Superintendent or designee will develop a written plan which shall include strategies for the provision of internal and external communications, preservation of student and staff safety, maintenance of district operations, and appropriate student instruction and supervision during a work slowdown or stoppage.
(cf. 0450 - Comprehensive Safety Plan)
(cf. 1100 - Communications with the Public)
(cf. 1112 - Media Relations)
(cf. 9000 - Role of the Board)
If an employee organization gives notice that it intends to strike, the County Superintendent or designee will notify the Public Employment Relations Board, Employment Development Department, employees in the striking unit, employees in the nonstriking unit, parents/guardians, students, law enforcement, the media, and others as appropriate.
In the event a work stoppage or strike occurs, the County Superintendent will implement procedures to:
1. Keep schools in operation
2. Facilitate communication among all involved
3. Ensure the safety and welfare of students, staff, and office property, and
4. Release appropriate administrators from most daily decisions so that they man concentrate on the business of ending the strike or work stoppage
The County Superintendent will take whatever steps are necessary, in the County Superintendent's discretion, to accomplish these objectives.
Employees should be held accountable for their behavior during any labor dispute. LACOE may take disciplinary action against any employee who engages in an unlawful concerted action or in unlawful behavior in an otherwise protected activity, taking into account the
seriousness of the behavior and LACOE's efforts to rebuild relations following the withholding of services by employees.
(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4119.25/4219.25/4319.25 - Political Activities of Employees)
(cf. 4218 - Suspension/Disciplinary Action)
Legal Reference:
EDUCATION CODE
35204 Contract with attorney in private practice
35205 Contract for legal services
37200-37202 Instructional days
GOVERNMENT CODE
3540-3549.3 Educational Employment Relations Act, especially:
3543.5-3543.6 Unfair labor practices
3548-3548.8 Impasse procedures
INSURANCE CODE
10116 Employee continuation of insurance coverage
UNITED STATES CODE, TITLE 29
1161-1169 Continuation coverage and additional standards for group health plan
PUBLIC EMPLOYMENT RELATIONS BOARD DECISIONS
Fresno Unified School LACOE, 1982, PERB Dec. No. 208, 6 PERC 13110
Konocti Unified School LACOE, 1982, PERB Dec. No. 217, 6 PERC 13152
Management Resources:
CSBA PUBLICATIONS
Collective Bargaining DVD-ROM
Maximizing School Board Governance: Collective Bargaining
Political Activities of School LACOEs: Legal Issues, rev. 2001
Before the Strike: Planning Ahead in Difficult Negotiations, 1996
WEB SITES
CSBA: http://www.csba.org
Public Employment Relations Board: http://www.perb.ca.gov
State Mediation and Conciliation Service (SMCS): http://www.dir.ca.gov/csmcs/smcs.html
Policy LOS ANGELES COUNTY OFFICE OF EDUCATION
adopted: March 15, 2013 Downey, California