Inglewood Teachers Ass'n. v. Public Employment Relations Board

Good Law
1991 Cal. App. LEXIS 136·227 Cal. App. 3d 767·278 Cal. Rptr. 228·91 Daily Journal DAR 2041·91 Cal. Daily Op. Serv. 1297
Court of Appeal of CaliforniaJanuary 29, 1991B048803California4,999 words

Opinion

Opinion

Woods, J.

Petitioner and appellant Inglewood Teachers Association (Association) challenges a decision of respondent, the California Public Employment Relations Board (PERB). The issue presented by this appeal is the appropriate legal standard for imputing the conduct of a supervisory or managerial employee to a public school employer, in this case, the real party in interest, the Inglewood Unified School District (District). We affirm PERB’s decision.

Factual and Procedural Synopsis

1. Statement of The Facts

Lawrence Freeman is the principal of Inglewood High School, one of the schools in the District. On or about February 3, 1987, Eunice Curry, an active member of the Association, and a teacher employed by the District, had a conversation with Freeman, in which he told her that he was going to “get [his] attorney,” and that her “group” was “going to be in trouble.” The conversation took place on the front steps of the school after the lunch break, and students were present. According to Curry’s testimony, Freeman was angry because he believed that Curry had told the union president that Freeman was threatening substitute teachers.

Freeman thereafter hired an attorney, Lynn…

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