Childcare Providers United – California (CCPU) was the certified provider organization that represented family childcare providers in negotiations with the State of California pursuant to the Childcare Provider Act. In 2020, CCPU was preparing for bargaining. CCPU requested the State to provide information that only the third-parties who provided child care could supply, such as: data on subsidies; program participation; and waived family fees. The State resisted, asserting it could only provide aggregate data already in its possession. CCPU filed an unfair practice charge with PERB.
The PERB ALJ issued a proposed decision to sustain CCPU’s charge, holding that the State—through its bargaining agent, the California Department of Human Resources (CalHR)—had a duty to make reasonable efforts to obtain the requested information from all political subdivisions, contractors, and subcontractors. The ALJ’s proposed decision also directed the State to make reasonable efforts to distribute the Notice of Decision and Order (Notice) directly to the child care providers via mail or email. No party excepted to the ALJ’s proposed decision, so it became final.
In subsequent compliance proceedings, the State claimed it fulfilled the Notice distribution requirement by posting the Notice on agency websites and instructing contractors to send it to providers. CalHR argued that direct mail or e-mail was impractical due to the size of the bargaining unit, technological limitations, and incomplete contact information. CCPU argued that the Decision clearly directed the State to distribute the Notice directly to providers. PERB’s Office of General Counsel (OGC) issued an Administrative Determination finding that the State had complied with the Order by directing its contractors to distribute the Notice. CCPU appealed the Administrative Determination, arguing that the State did not comply because only about 80% of contractors confirmed that they distributed the Notice to providers.
PERB reversed the OGC’s Administrative Determination that the State had complied with the Notice distribution requirement. PERB reasoned that the State could not avoid the Order’s “reasonable efforts” requirements by shifting responsibility to third parties and then failing to make reasonable efforts to monitor their success. Given that a significant number of contractors failed to respond, and others seemingly failed to distribute the Notice directly to providers, the State failed to carry its burden to prove it complied with the order. PERB ordered the State to distribute the Notice directly to providers by mail or e-mail by a deadline to be set by the OGC.
California Child Care Workers United v. State of California (2025) PERB Dec. No. A524N