What's at stake?
A ruling from the Public Employment Relations Board sided with Clovis Unified teachers who alleged that the district gave illegal support to the Faculty Senate, which critics equate to a "company union."
While some Clovis teachers cheered a significant victory last week, organizers say thereโs still much work to be done in their yearslong effort to unionize.
The California Public Employment Relations Board issued a decision Dec. 7 finding that the district violated state law and employeesโ rights. The ruling specifically calls out the districtโs illegal financial support to the Faculty Senate, which critics have equated to a โcompany union.โ
The decision came in response to multiple complaints filed by the Association of Clovis Educators or ACE, a group thatโs been actively attempting to unionize for years in the stateโs largest district without a recognized teachers union.
โClovis Unified has been knowingly breaking the law since 1984,โ said ACE spokesperson Kristin Heimerdinger in an interview Monday, citing the year of a previous PERB ruling that found Clovis Unified gave illegal support to the Faculty Senate. โWe were glad to have the judge again issue notice that they have continued to break the law.โ
The latest ruling calls upon the district to immediately cease and desist with giving stipends to Faculty Senate leadership โ one of multiple violations of employment law alleged in ACEโs complaints.
District spokesperson Kelly Avants told Fresnoland in an email Monday that the district is still reviewing PERBโs 151-page ruling but that some of the issues in the complaint had already been addressed.
โThe ruling supports the continued existence of Faculty Senate, but stops any financial support provided by the District for its requests for things like stipends for its senators, supplies, etc.,โ she said.
The teachers still have a long road ahead to becoming Clovis Unified teachersโ exclusive representative โ but theyโre one step closer now thanks to the ruling.
โWeโre not going anywhere,โ Heimerdinger said, โand we will hold the district accountable.โ
Details from PERBโs December ruling
PERBโs decision found that Clovis Unified violated employment law by giving Faculty Senate leadership stipends and release time from teaching to perform Faculty Senate-related duties.
The ruling stopped short of joining ACEโs calls for the Faculty Senate to dissolve, however, stating that retaining the senate would promote โemployee free choice and healthy competition among nonexclusive representativesโ for workers.
The district, Faculty Senate, and ACE have a 20-day window after the ruling to appeal the decision.
Heimerdinger said theyโre still weighing that with their legal team and members.
โThere are lots (in) this decision that we did actually win, but there are parts of this decision that we did not,โ she said, declining to point to specific concessions or dismissed allegations.
Clovis Unified is also still deliberating โwhether an appeal would be an avenue we want to pursue,โ Avants said Monday.
If the decision, as is, becomes final, ACE has an additional year from that date before the signatures it has collected from teachers expire.
ACE needs โ50%-plus-oneโ of certificated, non-management employees to sign onto having them as their exclusive representative, Heimerdinger said.
โWe still have work to do,โ she said, โbut we have more people every week who sign on to support us.โ
The future of unionizing efforts in Clovis Unified
The Dec. 7 PERB ruling wasnโt the only win ACE celebrated this year.
Back in May, a unit of ACE-represented psychologists and mental health staff reached a tentative agreement with the district. ACE leaders called it the first union contract for certificated employees in the districtโs history.
Big labor wins this year in neighboring district Fresno Unified have also had a โvery positive impactโ on ACEโs organizing efforts, Heimerdinger added.
The Fresno Teachers Association won significant raises in their new contract which will bump the average salary up to $105,000, well above Clovis Unifiedโs current average of $93,219.11.
โIt makes you wonder, why are we working in more challenging conditions,โ she said, โand why should we be okay with that?โ
Heimerdinger remains hopeful for Clovis Unified teachersโ organizing efforts but said the task feels โinfinitelyโ harder in their district.
โThe anti-union culture in Clovis is so ingrained,โ she said, โthat trying to change that culture is a big job.โ

