201911.01
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November 2019 Newsletter – School Districts

Legislature Prohibits “Non-Rehire” Clauses in Settlement Agreements Beginning on January 1, 2020, all California employers will be barred from including “non-rehire” clauses in agreements that settle employment-related disputes. (Assembly Bill 749, 2019-2020). The stated motivation behind this new law was to prevent retaliation against employees who file employment-related claims either through the employer’s internal complaint…

201909.10
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September 2019 Newsletter – School Districts

You Want What When? Disclosing Complaint Documents In a recent decision, Contra Costa Community College District, June 26, 2019, the Public Employment Relations Board (PERB Decision No. 2652) has definitively established that unions are not entitled to receive copies of complaints relating to misconduct until some point after an initial investigatory interview. In doing so,…

201908.12
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August 2019 Newsletter – School Districts

Avoiding Interference Charges: PERB Expands Prohibition Against “No-Contact” Directives In a recent decision, Lukkarila v. Claremont Unified School District, (July 10, 2019 PERB Decision No. 2654) the Public Employment Relations Board (PERB) affirmed and further expanded the scope for finding that a broad “no contact directive” interferes with the EERA protected rights of employees. During…

201907.11
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July 2019 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…

201905.10
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May 2019 Newsletter – School Districts

Avoiding Interference Charges: Revisiting the No-Contact Directive In a recent decision, Zink v. San Diego Unified School District (Zink), March 22, 2019, the Public Employment Relations Board (PERB Decision No. 2634) has further established the permissible scope of employee directives during investigatory and disciplinary interviews. Following the decision in Perez v. Los Angeles Community College…

201903.12
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March 2019 Newsletter – School Districts

Employees Right to Union Representation In California School Employees Association & It’s Chapter 291 v. San Bernardino Community College District, December 5, 2018, the Public Employment Relations Board issued a decision (PERB Decision No 2599) that further clarified when an employee’s right to union representation arises. In Decision 2599, PERB found that once an employee…

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…