Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Labor Grievance topic
No spam. Unsubscribe anytime.
Board denies teacher grievance over combo‑class “reversion” to single grade
Summary
A tenured teacher, Caroline Mercado, appealed the district’s decision to revert a temporary third‑fourth grade combination class to a straight fourth grade assignment. The district argued the post was temporary and therefore returned to two fourth‑grade sections; the board denied the grievance.
Caroline Mercado, a teacher at a Hueneme Elementary School campus, appealed the district’s grievance response after the school converted a 3‑4 combination class back to a straight fourth grade assignment for the 2025‑26 school year. Mercado told the governing board she had accepted a 3‑4 combination posting and that the rounds posting and the collective bargaining agreement did not state the class would “revert” to a single grade; she said the district’s repeated use of the word “revert” represented an unwritten past practice that should be bargained into the contract.
The district’s presenter told the board that the combination assignment had been temporary and that enrollment projections require two straight fourth‑grade classes for next year, so the position is returning to a fourth grade assignment at the same school and within the same credential area. District staff said the change did not constitute a position closure, reassignment between schools or a transfer under Article 7 of the collective bargaining agreement, and therefore transfer procedures did not apply.
Mercado requested a third‑grade posting because she said she has the highest seniority among third‑grade teachers at the site. The board asked clarifying questions about contract language and the role of past practice when the contract is silent; staff and a union representative explained that past practice is relied upon for situations not explicitly covered in the contract and that the practice for combos has been temporary rotation among grade levels.
After discussion the board voted to deny the grievance. Board counsel described the practical outcomes: if the board denies the appeal, Mercado will remain assigned to the fourth grade position she had been informed she would teach for the coming year; if the board granted the appeal it would direct reassignment based on seniority.
