Decision 0147E – Santa Monica Unified School District

Reference to Education Code Section 44938 in a letter to a union activist is a veiled threat of impending dismissal and an adverse action. The code section sets out the statutory notice required prior to dismissal of employees for immoral or unprofessional conduct. The letter was placed in the personnel file of a union officer and could therefore have an adverse influence on the employee's promotional opportunities.

Reference to Education Code section 44938 in a letter to a union activist is a veiled threat of impending dismissal. The code section sets out the statutory notice required prior to dismissal of employees for immoral or unprofessional conduct.

A union officer's letter to unit members asking that they not encourage participation in a disputed environmental education project is protected conduct.