A three-member panel of the Public Employee Relations Board (Board) recently decided in favor of El Centro Elementary School District (District) in the matter of El Centro Elementary Teachers Association v. El Centro Elementary School District. Best Best & Krieger (BB&K) Partner, William “Woody” Merrill successfully defended the District before the Board.

The El Centro Elementary Teachers Association (Association) claimed that the District, by altering health benefit contributions for retired leaders in the collective bargaining agreement, had violated the Education Employment Relations Act (EERA). Merrill, on behalf of the District, argued that because health benefits for retirees are a permissive subject rather than a mandatory subject of negotiations, a unilateral alteration of the term could not constitute an unfair labor practice.

The Board noted that the jurisdiction of PERB is limited only to those violations that are unfair practices, and rejected the Association’s argument to extend PERB’s jurisdiction to include permissive subjects of negotiation included in collective bargaining agreements. The Board found in favor of the District, concluding that, while a violation of a permissive term may constitute a breach of contract, it does not also constitute an unfair labor practice. The decision clears the District of any liability for an unfair labor practice.

“This decision is significant to schools and public agencies because it is important to avoid multiple forums and multiple remedies for the same claim,” says Merrill.