PERB Agrees MBUSD Broke Laws, Issues Complaint

Last year, during the course of negotiations, MBUTA leadership frequently expressed their dismay over the District’s refusal to provide information and its intransigence at the bargaining table.  We believed that the District was engaged in reckless spending on iPads and playing a shell game with accounts in an effort to try to deny our members a fair and long overdue salary adjustment.  In our effort to determine the level of deceit, we requested a range of documents from the District.  These included financial reports, stipend classifications, salary information for management, agreements with law firms representing District interests, detailed budgetary information, communications with LACOE, and ALL receipts and contracts that have ANY connection with the District iPad program.  We were met with unacceptable responses to these requests or no response at all.  Blocked in our efforts to achieve transparency, we filed an “unfair labor practice” charge with the Public Employment Relations Board (PERB).  On October 4, 2013 PERB released its findings.  They are as follows:

1. The information we requested was, “relevant and necessary to (MBUTA’s) discharge of its duty to represent employees.”

2. The District met these requests with partial responses or, in some instances, failed to respond at all.

3. This conduct resulted in the District FAILING and REFUSING to meet and negotiate in good faith in violation of Government Code section 3543.5(c).

4. The conduct by the District INTERFERED with the rights of bargaining unit employees to be represented by MBUTA in violation of Government Code section 3543.5(a)

5. The conduct by the District DENIED MBUTA its right to represent bargaining unit employees in violation of Government Code section 3543.5(b)

Our assertions last year that this District is NOT transparent in its finances, was resistant to providing essential information and was not negotiating in good faith at the bargaining table has been fully upheld by a legal entity empowered to evaluate such claims.  Despite the vicious and public attacks by the District against our Union and its leadership, the truth has won out.

We promised to tell you the truth.  We have always done that.  We will continue to do that.  Hopefully, this decision by PERB will unify us as we continue to negotiate with an intransigent District for continued salary and benefit adjustments that will restore to our staff equity after 10 years of neglect.  This ruling is enormously problematical for the District.  They have attempted to demonize MBUTA and our actions because they believed they were in control of the message.  PERB has exposed MBUSD’s efforts to thwart the negotiations process, WE must work together to keep it on track.

 Please click the following link for the PERB Complaint Against MBUSD .

PERB Agrees MBUSD Broke Laws, Issues Complaint