State Complaint Against School District Alleges Unfair Labor Practices

The Public Employment Relations Board has issued a complaint against the Manhattan Beach Unified School District for bargaining in bad faith with the Manhattan Beach Teachers Union Association by not providing pertinent documents the union asked for during negotiations in 2012 and 2013.

The complaint was issued last week after the teachers union filed a formal Unfair Practice Charge that PERB investigated and determined there are enough facts to allege that an unfair practice may have been committed, according to PERB.

MBUSD has until Oct. 24 to issue an official response to PERB. An informal settlement hearing is set to take place on Dec. 13 before PERB with MBUTA and MBUSD representatives, according to a letter from PERB.

The informal settlement hearing allows each side to reduce the number of outstanding issues or reach a settlement. If a settlement isn't reached, a formal hearing is scheduled, according to PERB procedures. No records are made of the informal hearing.

During a formal hearing, records are kept, and an administrative law judge who has not previously participated in the case takes relevant testimony under oath and "issues a proposed written decisions based on the evidence and legal argument presented by both parties. The parties to a formal hearing have the right to be represented by legal counsel and may request PERB to issue subpoenas for witnesses and documents," according to the PERB website. "A proposed decision is binding on the parties unless it is appealed" within 20 days.

Read what MBUTA President Shawn Chen said and MBUSD Deputy Superintendent Rick Bagley told the Daily Breeze about the standoff and upcoming informal hearing.