Decision 2720E – * * * JUDICIAL APPEAL PENDING * * * Berkeley Federation of Teacher Local 1078 (Crowell)

SF-CO-828-E

Decision Date: May 20, 2020

Decision Type: PERB Decision (Non-Precedential)

Description:  Brian Crowell, a teacher at the Berkeley Unified School District, alleged that his union retaliated against him for engaging in protected activities. Crowell alleged that a teacher who served as union president, and also served on a District peer review panel, had acted as an agent of the union and had retaliatory reasons for voting that Crowell should remain in the peer review program rather than being released from it. After an evidentiary hearing, the ALJ issued a proposed decision in the union’s favor.

Disposition:  In a non-precedential decision, the Board affirmed the ALJ’s conclusion that the union president participated on the peer review panel in her role as a District teacher, not as an agent of the union. The Board also affirmed the ALJ’s alternative conclusion that even if Union could be held liable for the peer review panel’s vote, Crowell did not establish retaliatory animus.

Decision Headnotes

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