Labor board won’t halt LAUSD strike for now, but could still act after a Monday review

A last-ditch legal effort by the Los Angeles school district has failed for now to avert a three-day strike scheduled for Tuesday, but district officials said Sunday that their case remains under consideration by a state labor board and that a decision could come as soon as Monday.

L.A. Unified had argued that the strike — by Local 99 of Service Employees International — is illegal, on the grounds that the union’s official justification is not the real reason for the walkout. Local 99 has stated that the purpose of the strike is to protest alleged unfair labor practices by the district; L.A. Unified claims the union walkout is about pressuring the district to improve its salary offer.

The school system had requested an injunction from the California Employment Relations Board that would have delayed or halted with strike — and this was denied.

Local 99 declared victory Sunday in the legal joust.

The Sunday decision by regulators “confirms that workers have a right to protest over the threats and harassment waged against them by the school district,” Local 99 Executive Director Max Arias said. “They will continue to move forward with plans to strike this week. Their voices will not be silenced.”

District officials said the case remains active.

“The PERB Board has directed their Office of General Counsel to expedite the processing of the district’s underlying unfair practice charge against SEIU Local 99, which alleged that SEIU and its members are engaging in an unlawful 3-day strike,” district officials said Sunday in a statement. “Contrary to SEIU’s assertions,” the issue has not yet been determined, the statement said.

L.A. Unified officials said they have no choice but to “continue to prepare for the unfortunate reality of school closures and remain available to negotiate a resolution to the outstanding issues, which we believe could be resolved….between now and Tuesday.”

With the three-day strike imminent, districts officials,union members and the families of 420,000 students planned and mobilizedSunday for massive disruption in the nation’s second largest school district.