A WIN FOR THE FA! PCC Faculty Association Prevails in Winter PERB Ruling 

Earlier this week, the Public Employment Relations Board (PERB) released the Administrative Law Judge’s (ALJ) ruling on the cancellation of the Winter Intersession. In a 300-page decision, the Judge ruled in FA’s favor on every charge it brought against the District. The ALJ held that the District unlawfully changed the academic calendar, failed to negotiate with the FA, and engaged in unlawful direct dealing with faculty. 

The ruling documents in finite detail the history and decision of the calendar issue. As normally the case, the proposed decision remains subject to a potential appeal. Upon finalization of the decision, PERB ordered the District to do the following: 

1. Return to the status quo calendar, restoring winter session; 
2. Negotiate with the FA over any proposed changes to the calendar; 
3. Make faculty whole for any losses, such as lost winter teaching assignments, plus 7% interest; 
4. Reimburse the FA for all attorney’s fees and expenses incurred, plus 7%; 
5. Post notices regarding the PERB ruling in favor of the Faculty Association. 

There are more specifics to come regarding the settlement of the PERB order, and we will keep you informed. We hope the District accepts this decision and moves forward with implementation, rather than continue to incur costs and fees fighting against its legal obligations. 

This decision marks the Faculty Association’s second PERB victory over the District’s unilateral changes to the academic calendar. When PERB ruled in favor of FA over the cancellation of Winter Intersession the first time, we witnessed the return of the winter intersession, compensation for impacted faculty, and PERB’s directive to the District to negotiate the calendar, a mandatory subject of bargaining. PERB has once again ordered these same remedies. 

Going forward there will now be more classes and teaching opportunities during the historically popular winter session. This win means a stronger voice for students – who strongly supported winter session in shared governance – regarding their academic futures. 

This PERB decision is a result of the diligence and hard work of the FA Leadership Board, the FA membership, and the FA’s legal team at the Law Office of David Conway. FACULTY refused to be defeated, and so we celebrate this victory. This ruling sends a strong message to the District to respect the collective bargaining process and to play by the rules. Thank you for your continued support of your Faculty Association. 

Have a great winter break and enjoy your holidays! 

Mark Whitworth, President 

PCC Faculty Association 

To view the full 300-page PERB decision, please click here.