Decision 2000E – San Francisco Unified School District * * * PARTIALLY OVERRULED by Downey Unified School District (2026) PERB Decision No. 3018 * * *
SF-CE-2661-E
Decision Date: January 20, 2009
Decision Type: PERB Decision
* * * PARTIALLY OVERRULED by Downey Unified School District (2026) PERB Decision No. 3018 * * *
Description: The Charging Party alleged that the District violated EERA by refusing to apply retroactive salary increases to certain former employees of the District.
Disposition: The Board affirmed the Board agent’s dismissal of the charge finding that the Charging Party lacked standing to file an unfair practice charge under EERA because he was not an employee at the time of the alleged unlawful act.
Perc Vol: 33
Perc Index: 31
Decision Headnotes
1100.03000 – Standing
*** PARTIALLY OVERRULED BY Downey Unified School District (2026) PERB Decision No. 3018, which held that an employee’s post separation allegations against an employer or a union are actionable if they are integrally tied to the employment relationship and satisfy all other substantive and procedural requirements. ***
Charging Party lacked standing to file an unfair practice charge under EERA, when he was not an employee at the time the alleged unfair practice occurred. Charging Party, a former employee of the District, had been laid off approximately 2 years prior to the alleged unlawful act.