The UCLA Lab School serves pre-kindergarten through sixth-grade students and employs Demonstration Teachers. The University Council-American Federation of Teachers (UC-AFT) represents these UCLA Lab School employees.
Demonstration Teachers’ job duties included, but were not limited to: creating lesson plans; providing instruction; assessing student performance; and mentoring other Demonstration Teachers, Teaching Assistants, and outside visiting teachers.
In 2022, the Lab School created a new classification, Teacher Apprentice, and implemented an apprenticeship program. Teacher Apprentices were unrepresented. Teacher Apprentices were assigned instructional and lesson-planning duties that had been performed exclusively by Demonstration Teachers. Also, the Lab School required Demonstration Teachers to mentor Teacher Apprentices, which was a new job duty.
The University did not notify UC-AFT before implementing the program. UC-AFT filed an unfair practice charge, alleging that the University violated the Higher Education Employer-Employee Relations Act (HEERA) by: 1) transferring bargaining unit work to non-unit employees; and 2) unilaterally adding a material new duty—mentoring Teacher Apprentices—to the Demonstration Teachers.
An administrative law judge (ALJ) found in favor of UC-AFT on both claims. The University appealed to PERB.
On appeal, PERB upheld the ALJ’s findings. PERB agreed that the University unlawfully transferred bargaining unit work by assigning lesson-planning and instructional duties to unrepresented Teacher Apprentices. PERB also held that assigning Demonstration Teachers to mentor the Teacher Apprentices was a material change to their job responsibilities. While Demonstration Teachers had occasional, ad hoc mentoring duties in the past, the new requirement imposed a structured, ongoing obligation that was not reasonably comprehended within their prior duties. Because the University unilaterally implemented this requirement without bargaining, it violated its duty to meet and confer in good faith.
As a remedy, PERB ordered the University to rescind the transfer of bargaining unit work and the unilateral addition of mentoring duties by the beginning of the next academic term.
University Council-American Federation of Teachers v. Regents of the University of California (Los Angeles) Case No. LA-CE-1384-H; PERB Decision No. 2942-H; February 10, 2025.