On November 15, 2024, the California Public Employment Relations Board (“PERB”) affirmed the findings and upheld the decision of an administrative law judge (“ALJ”) addressing claims brought by the California School Employees Association Chapter 115 (“Chapter 115”) against Hacienda La Puente Unified School District (“District”) for violating the Educational Employment Relations Act (“EERA”). Specifically, PERB found the District violated the EERA by disciplining an employee for engaging in protected speech (speech related to legitimate labor and employment concerns) related to their role as the Chapter 115 President.
Ruling:
PERB followed past precedent to conclude that when an employee is acting in their capacity as a union official in collective bargaining, investigating or presenting grievances, or administering agreements with the employer, the employer is not authorized to threaten the use of its disciplinary process for official acts taken on behalf of the union. PERB further opined that when an employer is investigating an employee for suspected misconduct and discovers that the employee’s alleged misconduct is related to protected union activities, the employer is required to cease investigation into those allegations unless the employer can prove the employee’s speech lost protection due to being maliciously dishonest or so insubordinate to cause substantial disruption to employer operations.
Case Summary and PERB Analysis:
From 2019 to early 2021, the Chapter 115...
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