Decision 2795E – Alliance Marc & Eva Stern Math & Science High School et al.

LA-CE-6362-E through LA-CE-6366-E and LA-CE-6372-E through LA-CE-6377-E

Decision Date: November 3, 2021

Decision Type: PERB Decision

Description:  These consolidated cases came before the Board on exceptions and cross-exceptions, and supplemental briefing after the issuance of Regents of the University of California (2021) PERB Decision No. 2755-H and Regents of the University of California (2021) PERB Decision No. 2756-H, in which the Board articulated the standard for what constitutes a violation of Prohibition on Public Employers Deterring or Discouraging Union Membership (PEDD) section 3500. This case arose after a union filed petitions with PERB to seek to represent certificated employees at three of the schools within a charter school management organization, and in response the charter school management organization and several of the schools’ principals and assistant principals sent e-mail messages about the union’s organizing efforts to certificated employees. The complaints issued alleged that these e-mail messages violated the Educational Employment Relations Act (EERA) and the PEDD.

Disposition:  The Board held that the e-mails deterred or discouraged support for the union because the e-mails had a strong tendency to influence employee choice about whether or not to authorize representation, as they clearly suggested that unionization, especially with the union, would harm employees’ paychecks, their employment, students, and the continuation of their charter school. The Board thus found sending the e-mails was a violation of PEDD but did not interfere with employee or union rights in violation of EERA.

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