School District Too Late To Compel Teachers Union To Reopen Contract
The Public Employment Relations Board (PERB) ruled that the Inglewood Teachers Association had no obligation to reopen bargaining with the Inglewood Unified School District after the cut-off date specified by the reopener provision.
The CBA allowed for each party to request that two articles per year be reopened for negotiation by April 1. PERB ruled that a proposed side letter agreement that the District provided to the Union prior to the April 1 cut-off date indicating alternatives to possible layoffs did not constitute a request to reopen bargaining on the CBA. Instead, the District’s request to the Union to reopen the CBA came after April 1 and did not refer back to the earlier proposed side letter. When the Union refused to reopen bargaining, the District filed an unfair practice charge with PERB claiming that the Union refused to meet and confer with the District in good faith on a mandatory subject of bargaining.
As this case reminds us, not all CBA mid-term reopener provisions are the same, and we should carefully review CBA reopener provisions whenever the employer demands mid-term contracting to determine if the request is timely and procedurally correct.
Author: Russell Naymark
