201902.07
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February 2019 Newsletter – School Districts

Investigatory Questioning and Interference with EERA-Protected Rights In a recent decision, PERB refined the boundaries regarding an employer’s investigatory inquiries of an employee who also serves as a union representative. In adopting the NLRB’s Cook Paint & Varnish Co. standard, PERB limited the scope of investigatory questioning into conversations between union representatives and the unit…

201901.03
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January 2019 Newsletter – School Districts

Employer’s Conduct During the Decision-Making Process Evidences Unlawful Motive In Retaliation Charge In a recent decision, the Public Employment Relations Board (PERB) issued a decision that provides yet another cautionary tale to employers when disciplining employee who recently exercised their union rights. In California Virtual Academies (Sept. 21, 2018) PERB Decision No. 2584, PERB scrutinized the…

201811.12
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November 2018 Newsletter – School Districts

Employee Email and EERA Protections PERB continues to refine the contours of employee access and use of employer-provided email systems after adopting the NLRB’s Purple Communications standard, discussed in our September newsletter. A new decision illuminates the type of conduct that may constitute retaliation and interference with EERA-protected rights. In Chula Vista Elementary School District…

201807.11
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July 2018 Newsletter – School Districts

The Impact of Janus and California’s Legislative Reaction The last week of June saw two developments that may have an impact on continued labor relations with employee representatives. Supreme Court Rules “Agency Fees” Are Unconstitutional In a decision issued on Wednesday, June 27, 2018 (Janus v. American Federation of State, County, and Municipal Employees, Council…

201806.01
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June 2018 Newsletter – School Districts

Hitting Pause on a Classified Employees Probationary Period A recent decision in the California Fourth Appellate District has answered the question, “can our district extend the probationary period of a classified employee that was out on medical leave?” In Hernandez v. Rancho Santiago Community College Dist. (May 3 2018) 22 Cal.App.5th 1187, the court was…

201805.01
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May 2018 Newsletter – School Districts

The Future of Agency Fees: What Janus May Mean for Public Sector Bargaining In California, the agency fee is part and parcel of public employee collective bargaining. For example, the Educational Employment Relations Act (EERA) established a uniform system of collective bargaining for K-12 school districts and community college districts. (Govt. Code § 3540 et…