Perb

Priscilla Winslow, Beverly Tucker, Ramon Romero, Diane Ross, Burlingame, and Ballinger G. Kemp, Oakland, for Real Party in Interest.

Real party in interest Turlock Teachers Association (TTA) filed an unfair practice charge with respondent Public Employment Relations Board (PERB). TTA alleged that petitioner Turlock Joint Elementary School District (District) violated the Educational Employment Relations Act (EERA) [1] by prohibiting teachers from wearing buttons, during instructional times, in support of TTA's bargaining demands. A PERB administrative law judge issued a proposed decision dismissing TTA's unfair practice charge on the ground the teachers' wearing of the buttons during instructional times constituted "political activity" that could be prohibited by the Education Code. PERB disagreed and reversed the administrative law judge's proposed decision, concluding that the District violated the EERA by prohibiting teachers from wearing union buttons. The District petitioned for review.

We publish to address whether a teacher's wearing of union buttons in the classroom during class time constitutes "political activity," which may be restricted by the District…