By Michael Beeli
Staff Writer
The Manhattan Beach Unified School District settled the Manhattan Beach Unified Teachers Association’s Nov. 18 complaint from the Manhattan Beach Unified Teachers Association filed by the California State Public Employment Relations Board, a California State Judicial Administrative Agency that administers collective bargaining agreements for state employees.
The MBUTA claimed that the non-reelection of former probationary French teacher Timothy Hirsh violated the Educational Employment Relations Act. PERB brokered a settlement between the two parties on October 29, so both parties agreed to drop the charges in exchange for a $20,000 settlement to Hirsh.
“Every time we reach a settlement, we do so because it is in the best interests of the District in light of a number of factors,” MBUSD Superintendent Dr. Michael Matthews said. “Some of the factors include keeping our legal costs down, saving hundreds of hours of time for district employees, resolving outstanding issues, and giving us more time to focus on doing the best possible job of educating the students of Manhattan Beach.”
EERA state code declares it unlawful for a public school employer to impose or threaten to impose reprisals on employees, to discriminate or threaten discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed to all employees.
“In the settlement, it was agreed that all district administrators will receive a letter with the requirements of employers under EERA listed,” MBUTA President Shawn Chen said.
Although MBUTA and MBUSD have reached a settlement over the issue, Chen said that if Hirsh’s union activism was the cause of his non-reelection, then the MBUTA’s charges against the district were substantive and evidential of an illegal procedure.
“Probationary employees can be non-reelected for any or no reason, except for illegal motives,” Chen said. “If it can be proven that a firing occurred as retaliation for union activity, that would be illegal.”
PERB heard MBUTA’s charges against the district and after verifying the charges on September 9, PERB moved to file a complaint against MBUSD during the informal settlement hearing. PERB lawyers acted as moderators for the settlement.
“PERB has a judge and lawyers,” Chen said. If it were to go further it would become an actual trial, but fortunately a settlement was reached,” Chen said.
The MBUSD Board of Trustees approved the settlement at the Nov. 18 meeting where both parties mutually agreed upon the effective compromise.
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