California Teachers Ass'n v. Public Employment Relations Board

The California Teachers Association (CTA) petitions for review of an order of the Public Employment Relations Board (PERB or the Board) which dismissed its own complaint against real party in interest Journey Charter School (Journey). The complaint stemmed from CTA’s charge that Journey had violated the Educational Employment Relations Act (EERA) (Gov. Code, § 3540 et seq.), when it terminated the employment of three teachers: Stephanie Edwards, Paola Schouten and Marlene Nicholas.

CTA had initially charged the terminations were in retaliation for the teachers’ efforts to unionize with it, and amounted to illegal interference with those efforts. After PERB determined the charge stated a prima facie case, it issued a complaint, which was later amended to include the additional allegation that Journey’s conduct had also been in retaliation for a letter the teachers had sent to parents of Journey students.

However, after an evidentiary hearing before an administrative law judge (ALJ), and a review of his findings by the Board, PERB issued a decision dismissing the complaint. That dismissal was based upon the Board’s factual conclusion the terminations had not been based…