UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – In General
Single Topic for Decision 2342E
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300.01000 – In General
Both the record of hearing and charging party’s unfair practice charge, as amended, support his contention that his reports concerned teacher (co-worker) misconduct, not student misconduct, during standardized testing. We conclude that charging party’s conduct in reporting cheating by teachers is not protected conduct under EERA. PERB’s jurisdiction is limited to the determination of unfair practices arising under EERA and the other public sector labor statutes which we administer. Whistleblowing in California K-12 public schools is protected under section 44100 et seq., of the Education Code. It is well established under PERB precedent that we do not have jurisdiction to enforce the Whistleblower Act or pure Education Code violations. Charging party’s reporting of alleged cheating by teachers did not seek to enforce employee workplace rights or rights stated in the CBA. Thus, it is not protected under EERA.