In a double win for the Fairfield-Suisun Unified Teachers Association (F-SUTA), the state's Public Employment Relations Board has charged the district with violating state government codes during contract negotiations with Solano County teachers and has dismissed the district's allegations that teachers broke the rules during bargaining.
F-SUTA President Liz Priest accepts a bundle of 'I don't want to strike, but I will!' pins from UTLA Vice President John Perez at the March meeting of CTA's State Council of Education.
The new findings add fuel to the controversy created by the district's ongoing refusal to negotiate fairly and show respect for its teachers - a battle that has galvanized community support for teachers and their 1,254-member union, F-SUTA. Meanwhile, teachers vow to file new labor code charges against the district.
The teachers have authorized their chapter to call a strike if necessary.
The Fairfield school district "failed and refused to meet and negotiate in good faith," the new ruling issued by the state Public Employment Relations Board (PERB) states.
Among other violations, the school district failed to provide teachers with requested financial data, came to negotiations unprepared, cancelled numerous bargaining sessions, and interfered with the exclusive legal right of F-SUTA to represent its members, according to PERB charges.
"This ruling is a total vindication of what teachers have been saying, that this district is showing a callous disregard towards its teachers," says F-SUTA President Liz Priest. "This district is not above the law. Teachers will continue to make it accountable to the community it's supposed to be serving."
Teachers are angry over salary issues, the lack of any health benefit improvements in over a decade, and attempts by the school district to weaken their due process disciplinary rights. Talks are at impasse, and both sides are meeting again on Tuesday with a state mediator in an attempt to resolve the crisis.
The PERB regional office in Oakland issued a written complaint dated April 5 in response to formal unfair labor practice charges filed by F-SUTA on behalf of its members. PERB, which adjudicates labor disputes between public employers and public employee unions, set a settlement conference for May 1. The district has 20 days to respond to the PERB charges, which accuse the district of:
- Using direct communications and the media to build support for its position among bargaining unit employees while maintaining "an inflexible position at the bargaining table." PERB noted that some of the communications contained inaccuracies.
- Interfering with the "rights of bargaining unit employees to be represented by [F-SUTA] in violation of Government Code section 3543.5 (a)."
- Refusing to negotiate over salaries from Aug. 24 to Nov. 4 (seven bargaining sessions).
- Making a final offer and declaring impasse on Nov. 20 after "claiming that the numerous complex issues and differences remained."
The same PERB office notified the district's lawyers in a March 20 letter that it was dismissing the school district's unfair labor practice charges that accuse F-SUTA of not bargaining in good faith.
Meanwhile, F-SUTA intends to file new unfair labor practice charges against the district with PERB. Those charges will allege that the district broke the law by:
- Refusing to bargain over the assignment of staff and personnel practices regarding the opening of the new Rodriguez High School, and by doing hiring for the school.
- Violating the constitutional rights of teachers through intimidation and non-renewal of teaching contracts for first- and second-year probationary teachers. All of the teachers are credentialed.
- Refusing to bargain over employment practices and conditions of employment concerning new educational programs. The programs provide opportunities for students to access after-school activities and other enrichment opportunities.
- Denying the chapter, parents and members of the community the use of school facilities.
The teachers staged a five-mile picket line through Fairfield in February, and rallied by the hundreds on March 15 to hear CTA President Wayne Johnson vow that they have the full support of the statewide union in their battle.
Mike Myslinski
