The Governing Board 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 Board shall make a good faith effort to reach an agreement with the employee organization through participation in state mediation and factfinding procedures.
(cf. 4141/4241 - Collective Bargaining Agreement)
(cf. 4143/4243 - Negotiations/Consultation)
During any threatened or actual withholding of services, the Board shall keep parents/guardians and community informed about the status of district negotiations, the educational program and safety measures that have been taken by the district.
When feasible, the Board desires to keep schools operating during any work stoppage. The Superintendent or designee shall take steps necessary in order to help ensure the safety of students, staff and district property during a work stoppage. Such steps shall be reported to the Board as soon as possible.
The Board recognizes that preparation is necessary to reduce disruption during a work stoppage and to ensure that students receive the education to which they are entitled. The 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 the Board and district staff, plans to maintain district 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 Board believes that employees shall be held accountable for their behavior during any labor dispute. The district may take disciplinary action against employees, taking into account the seriousness of the behavior and the district'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 Resource:
CSBA PUBLICATIONS
Before the Strike: Planning Ahead in Difficult Negotiations, 1996
Policy WAUGH SCHOOL DISTRICT
adopted: October 9, 1997 Petaluma, California