February 2023

Case Remanded: Commission Found That the ALJ Failed to Address Charging Party's Section 10(1)(a) Retaliation Claim and Remanded For Issuance of a Supplemental Decision and Recommended Order; Commission Also Remanded For Determination as to Whether a Superintendent's Arguable Threat of Adverse Action Constituted an Additional Violation of Section 10(1)(a).

21-C-0538-CE

Unfair Labor Practice Found: The Parties Contract Does Not Cover the Disagreement Involving the Use of Sick Leave; While the Contract Covered Issues Such as Sick Leave, That Language Cannot be Reasonably Relied Upon to Support the Employer’s Unilateral Imposition of Mandatory Quarantine Periods and Forced Utilization of Contractual Sick Leave; In Doing so, Respondent Repudiated Article 29 of the Contract; Respondent Also Repudiated the Contract by Refusing to Meet With Charging Party Regarding Two Separate Grievances; Charging Party, However, Failed to State a Valid 10(1)(a) Claim as the Actions of the School Superintendent Were Not of Such Conduct That Could Cause a Reasonable Bargaining Unit Member to Feel Threatened, Coerced, or Otherwise Unlawfully Restrained in the Exercise of Their Section 9 Rights.