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Decision 2962E – Stockton Unified School District

SA-CE-3144-E

Decision Date: May 15, 2025

Decision Type: PERB Decision

Description: Laureen Thompson alleged that her employer, Stockton Unified School District violated EERA by miscalculating her leave benefits, placing her on the 39-month reemployment list, and refusing to return Thompson to her former position. Her unfair practice charge centered around a grievance challenging the District’s actions, which exclusive representative California School Employees Association pursued to arbitration. PERB’s Office of the General Counsel (OGC) dismissed the charge, as amended, because (1) Thompson lacked standing to seek repugnancy review of the arbitration decision or allege unilateral change violations; (2) the charge did not meet the repugnancy standard; and (3) Thompson’s allegations of retaliation were not timely. Thompson timely appealed the dismissal, reiterating her request for repugnancy review.

Disposition: In a precedential decision, the Board affirmed OGC’s dismissal of Thompson’s charge, but sought to clarify the procedural requirements for repugnancy. The Board found that repugnancy is not an independent basis for an unfair practice charge. Instead, repugnancy may only be alleged as a defense against pre- or post-arbitration deferral. Because the District did not seek deferral to the arbitration decision, the Board found it was unnecessary for OGC to consider the merits of Thompson’s repugnancy allegation. The Board also affirmed OGC’s conclusion that Thompson’s remaining claims are untimely and dismissed the charge without leave to amend.

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Perc Vol: 49
Perc Index: 184

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