Decision 2785E – Jurupa Unified School District

LA-CE-6541-E

Decision Date: August 2, 2021

Decision Type: PERB Decision (Non-Precedential)

Description:  Ermine Fredrica Nelson and the Anonymous Know Nothings appealed the Office of the General Counsel’s dismissal of their unfair practice charge. The charge, as amended, alleged that the Jurupa Unified School District violated EERA by retaliating against Nelson for protected activities, and interfering with such activities, when it: issued her a Letter of Concern, removed her collaborative class and added a direct instruction class in its place, failed to provide her own classroom, directed her to return to her school site in May 2020 (during the COVID-19 pandemic) to pack up her classroom, and misprocessed her workers’ compensation claim. Charging Parties also alleged violations of various federal and state statutes outside PERB’s jurisdiction, including the National Labor Relations Act, the Education Code, the Labor Code, the California Constitution, and provisions of the Government Code unrelated to PERB’s enforcement of EERA.

Disposition:  The Board affirmed the dismissal of the unfair practice charge, finding that Charging Parties had not alleged facts stating a prima facie case of any claim within PERB’s jurisdiction.

Decision Headnotes

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