Not an official District document; independently assembled by David Weekly. May contain errors. Questions? Contact us.
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4241.6 BP Board Policy

Concerted Action/Work Stoppage

The Governing Board recognizes the importance of maintaining ongoing positive relations with employees and engaging in fair, respectful negotiations with employee organizations. The Board desires to reach agreement on employment contracts in a manner that prevents disruption to school operations and minimizes impact on student achievement. The Board recognizes that advance planning is necessary to ensure that, in the event of a work stoppage, strike, or other concerted employee activity, students continue to receive educational services to which they are entitled. The Superintendent or designee shall develop a written plan which shall include strategies for the provision of internal and external communications, preservation of student and staff safety, maintenance of district operations, and appropriate student instruction and supervision during a work slowdown or stoppage. If an employee organization gives notice that it intends to strike, the Superintendent or designee shall notify the Public Employment Relations Board, Employment Development Department, employees in the striking unit, other district employees, parents/guardians, students, law enforcement, the media, and others as appropriate. Employees should be held accountable for their behavior during any labor dispute. The district may take disciplinary action against any employee who engages in an unlawful concerted action or in unlawful behavior in an otherwise protected activity, taking into account the seriousness of the behavior and the district's efforts to rebuild relations following the withholding of services by employees.

Legal & Management References

State
Ed. Code 35204 - Contract with attorney in private practice
Ed. Code 35205 - Contract for legal services
Ed. Code 37200 - School calendar
Gov. Code 3140-3142 - Public Employee Health Protection Act
Gov. Code 3540-3549.3 - Educational Employment Relations Act
Gov. Code 3543.5-3543.6 - Unfair labor practices
Gov. Code 3548.3548.8 - Impasse procedures
Management Resources
Public Employment Relations Board Decision - Fresno Unified School District, 1982, PERB Dec. No. 208, 6 PERC 13110
Public Employment Relations Board Decision - Konocti Unified School District, 1982, PERB Dec. No. 217, 6 PERC 13152
Website - CSBA District and County Office of Education Legal Services
Website - State Mediation and Conciliation Service (SMCS)
Website - California Public Employment Relations Board
Website - CSBA

Cross References