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Winter Intersession PERB Case – July 2023 Update

by pccfa

Dear Faculty:

We want to provide an update regarding the Winter PERB case. As we previously communicated to you, PERB ordered the following:

  1. That the District return to the status quo calendar in effect before 2020 (a calendar with Winter term);
  2. That the District negotiate with the Faculty Association over the calendar;
  3. That the District provide backpay for impacted faculty, plus 7% annual interest, to make them whole;
  4. That the District reimburse the Faculty Association for all attorney’s fees and expenses incurred, plus 7%;
  5. That the District post notices regarding the PERB ruling in favor of the Faculty Association.

The District did not appeal the judge’s decision, making it final. The District already has returned the winter session, and agreed to negotiate over the calendar in the future. The next step in compliance proceedings is for PERB to calculate the backpay award for impacted full- and part-time faculty — everyone who lost winter courses. Under the ruling, PERB requires the District to make all faculty whole who lost income because of the cancellation of winter session, both full- and part-time faculty.

Despite the ruling and PERB precedent being clear on this point, the District has argued so far that only full-time faculty are eligible for backpay. This is simply wrong, and amounts to nothing more than the District trying to cut its legal obligation in half. The Faculty Association will continue to vigorously fight this case to ensure that allimpacted faculty are awarded the backpay and interest to which they are entitled, and that the District fully complies with its legal obligations. The District’s position is legally unsupportable and totally unacceptable.

Please be aware that these proceedings will take time — especially if the District continues to argue against full compliance — but we will keep on fighting for the backpay compensation that all affected faculty are owed by the District.

We will keep you posted as the process moves forward. 

Thank you for your patience,

PCC Faculty Association