Decision 1490E – Turlock Joint Elementary School District * * * VACATED by Turlock Joint Elementary School District (2004) PERB Decision No. 1490a-E
SA-CE-2003-E
Decision Date: July 17, 2002
Decision Type: PERB Decision
* * * VACATED by Turlock Joint Elementary School District (2004) PERB Decision No. 1490a-E * * *
Description: The Board reversed an ALJ proposed decision holding that the school district could prohibit teachers from wearing buttons expressing opinion on subject related to collective bargaining. ALJ reasoned that District’s authority to regulate “political activities” under Education Code section 7055 encompassed the buttons because dictionary definition of “political” is “of or relating to government” which includes public sector labor bargaining. Charge alleged the District violated EERA section 3543.5(a) and (b) by interfering with teachers’ protected rights when it prohibited them from wearing such buttons in the classroom.
Disposition: Reversing the ALJ, the Board held that teachers have an EERA-protected right to wear buttons at school site and in classroom expressing opinions on subjects related to collective bargaining. District’s authority to regulate “political activities” under Education Code section 7055 does not authorize ban on such buttons. Such a broad definition of “political” would allow suppression of the very speech necessary to effectuate the purposes of EERA. Ruling fosters statutory goal of promoting stable labor relations by encouraging open communication between employer, employee organization, and employees. Ban violated EERA section 3543.5(a) and (b).
Perc Vol: 26
Perc Index: 33101