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Los Angeles COE |  BP  4241.6  Personnel

Concerted Action/Work Stoppage - SP   

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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