McPherson

The Carlsbad Unified School District (District) employed Cynthia McPherson as a secretary. The District refused to upgrade her to a confidential secretary position and transferred her from the employee relations office, which is responsible for union negotiations, to a high school. McPherson claimed the upgrade refusal and the transfer constituted discrimination on the basis of her union activities. The Public Employment Relations Board (PERB) upheld the District decision and denied McPherson any relief. We remand for further proceedings.

The PERB Decision

Facts

The District employed McPherson as a secretary intermittently since 1953 and full-time since 1977. She held the position of secretary III in the personnel department from July 1980 until June 1, 1982. During the period February 1981 through February 1982, the position of personnel director was vacant and McPherson handled all of the work of the personnel office.

In February 1982 District hired David Bates as director of employee relations. Bates had previously represented teachers and had worked for teachers’ unions as a labor relations specialist. He had never previously held an administrative position.…