Oakland Unified School Dist. v. Pub. Employment Relations Bd.

Filed 7/2/25

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

OAKLAND UNIFIED SCHOOL

DISTRICT, A171007

Petitioner, (Public Employment Relations v. Board Decision No. 2906 PUBLIC EMPLOYMENT Case No. SF-CO-864-E)

RELATIONS BOARD,

Respondent;

OAKLAND EDUCATION

ASSOCIATION, CTA/NEA,

Real Party in Interest.

Ever since the Legislature began giving public employees the right to collectively bargain through laws like the Educational Employment Relations Act (EERA), Gov. Code,1 §§ 3540–3549.3, the issue of whether strikes are legal under those laws has been lurking in the background. Despite this, no California court has squarely addressed this issue. We fix this curious omission and hold that public school employees may engage in unfair practice strikes under EERA. The Oakland Education Association, CTA/NEA (OEA) is the exclusive representative of certain employees of the Oakland Unified School District

1 All further statutory references are to the Government Code unless

otherwise stated.

1 (District), a…