Archive: April 2005

SDEA Wins Unfair Labor Practice Charge:
Leads to Contract Change
By Steve Kaplan, UniServe Field Organizer

Article 12, Section 12.5 covers transfer provisions for Central Office Resource Teachers. At one point the District unilaterally removed nearly one hundred Central Office Resource Teachers from the bargaining unit and made them supervisors. SDEA filed an Unfair Labor Practice (ULP) charge. The District in time acknowledged that their action violated provisions in the law and the contract. SDEA and the District reached a settlement on the ULP.

The settlement included three specific agreements. First, the positions were returned to the SDEA bargaining unit. Second, the District agreed to settle the claim that SDEA had suffered a loss in dues. The District agreed to make a lump sum payment to SDEA based on dues lost when unit members became supervisors. Finally, as part of the settlement, the parties agreed to review each Central Office Resource Teacher position to determine if any belonged outside the SDEA bargaining unit. Later, SDEA and the District agreed to waive the review. Instead, the settlement was completed by removing the three-year rotation language found in Section 12.5.

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