Decision 2306E – Chula Vista Elementary School District

LA-CE-5732-E

Decision Date: February 14, 2013

Decision Type: PERB Decision

Description: The charge alleged that the Chula Vista Elementary School District violated EERA by hiring the president of the union to fill the position of Director of Human Resources.

Disposition: The Board affirmed the dismissal of the charge for failure to state a prima facie case of unlawful domination or interference.

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Perc Vol: 37
Perc Index: 175

Decision Headnotes

701.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DEFENSES
701.01000 – In General

Unfair practice charge alleging that the hiring of the union president by the school district for a management position interfered with the union’s internal activities by weakening the union and causing distrust among union members, and had a chilling effect on employees’ right to engage in protected activities, did not state a prima facie case of unlawful domination; charge did not set forth facts establishing that the school district was liable for the distrust or that its conduct tended to interfere with the internal activities of the union under EERA, section 35543, subdivision (d).