topleft CSBA.org >  Services >  Governance Technology > 

Stanislaus COE |  BP  4141.6, 4241.6  Personnel

Concerted Action/Work Stoppage   

arrow Previous bar Next arrow

The Stanislaus County Superintendent of Schools or designee recognizes the importance of maintaining positive relations with employees, employee organizations, parents/guardians and community members throughout the collective bargaining process. In the event of an impasse in negotiations, the County Superintendent or designee shall make a good faith effort to reach an agreement with the employee organization through participation in state mediation and fact finding procedures.

(cf. 4141/4241 - Collective Bargaining Agreement)

(cf. 4143/4243 - Negotiations/Consultation)

During any threatened or actual withholding of services, the County Superintendent or designee shall keep parents/guardians and community informed about the status of County Office negotiations, the educational program and safety measures that have been taken by the County Office.

The County Superintendent or designee shall take steps necessary in order to help ensure the safety of students, staff and County Office property during a work stoppage.

The County Superintendent or designee shall develop a written plan which shall delineate actions to be taken in the event of a strike or threatened strike. The plan shall include specific responsibilities of County Office staff, plans to maintain County Office operations, appropriate student instruction and supervision, as well as communication and safety issues.

(cf. 0450 - Comprehensive Safety Plan)

(cf. 1100 - Communications with the Public)

(cf. 1112 - Media Relations)

(cf. 9000 - Role of the Board)

The County Superintendent or designee believes that employees shall be held accountable for their behavior during any labor dispute. The County Office may take disciplinary action against any employee who engages in an unlawful consented action or in an unlawful behavior in an otherwise protected activity, taking into account the seriousness of the behavior and the County Office's efforts to rebuild relations following the withholding of services by employees.

(cf. 4118 - Suspension/Disciplinary Action)

(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 District, 1982, PERB Dec. No. 208, 6 PERC 13110

Konocti Unified School District, 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 Districts: 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 STANISLAUS COUNTY OFFICE OF EDUCATION

adopted: February 4, 2003 Modesto, California

revised: August 18, 2008