Isolated Reference to Union Activity During Termination Not Enough To Establish Retaliation

Fallbrook Union Elementary School District (2011) 2171-E (Issued on 3/01/11)This case involved an allegation that the Fallbrook Union Elementary School District (District) decided not to reemploy a teacher because of her activities as a union site representative.  For a retaliation case, the facts are fairly short and simple. The teacher was employed on a series of temporary contracts in 2005-06, 2006-07, and 2007-08. She received satisfactory evaluations the first two years. However, in 2007-08 she was not recommended for re-hire purportedly because of her classroom management skills. The teacher alleged that immediately after she was informed by the Principal that…

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Proof of Majority Support Not Always Required When Adding Employees to a Bargaining Unit

County of Riverside (2011) PERB Decision No. 2163M (Issued on 2/18/11)This case began with a petition from SEIU to add unrepresented ‘per diem’ nurses to an existing bargaining unit. The County denied the petition because it was not accompanied by proof of majority support of the per diem nurses being added to the unit. SEIU filed an unfair practice charge asserting that it was unreasonable for the County to impose a majority support requirement on SEIU’s petition because the County’s local rules did not contain such a requirement. In defending against the unfair practice charge, the County acknowledged that its…

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PERB Chair Alice Dowdin Calvillo to Speak at IRANC Luncheon on March 10th

If you're going to be in Sacramento on March 10, 2011, please make plans to attend a luncheon sponsored by the Industrial Relations Association of Northern California (IRANC) featuring Alice Dowdin Calvillo, Chair of PERB.  Chair Dowin Calvillo will be speaking on, "PERB: Past – Present – Future" and will talk about her time at PERB.Here are the details:Date: Thursday, March 10, 2011 MeetingTime: 11:30 A.M. Registration & Networking; Noon – Lunch & Speaker; 1:00 P.M. AdjournLocation: Firehouse Restaurant, Golden Eagle Room, 1112 Second Street, Old Sacramento, CA 95814Menu: Choice of 1)  Vegetarian Sandwich; 2) Chicken Breast Forestiere, or 3) Mahi MahiRSVP…

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AB 646 Would Impose Mandatory Mediation and Factfinding under the MMBA

AB 646 was introduced by Assemblymember Toni Atkins (D-San Diego) on February 16, 2011.  AB 646 would repeal the right of local agencies to impose a last, best, final offer (LBFO) upon reaching impasse.  AB 646 would instead introduce mandatory mediation and factfinding into the MMBA.  Under this bill, a local agency could not impose its LBFO until after the completion of these post-impasse procedures. The language of the bill can be found here.  The language in the bill establishing mediation and factfinding essentially mirrors the language under the Educational Employment Relations Act (EERA). Comments:When PERB took over jurisdiction for…

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PERB: Poor Personnel Practices Do Not Prove Discrimination

City of Alhambra (2011) PERB Decision No. 2161-M (Issued 2/08/11)This case involved an employee who was rejected during probation. The employee alleged that he was rejected during probation because of protected activities, in violation of the MMBA. Specifically, the employee argued that the City retaliated against him because of comments he made criticizing his supervisor during an employee meeting. The Administrative Law Judge (ALJ) issued a proposed decision finding that the City rejected the employee during probation because of his protected activities. To establish unlawful motive, the ALJ found that the City decided to reject the employee less than eight hours after the…

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