Decision 2859E – California Teachers Association (Cyhan)
Decision Date: April 26, 2023
Decision Type: PERB Decision (Non-Precedential)
Description: Charging Party Adam Cyhan appealed PERB’s Office of the General Counsel’s (OGC) dismissal of his unfair practice charge. The charge, as amended, alleges that the California Teachers Association (CTA) violated the Educational Employment Relations Act (EERA) by conduct that includes conspiring with Perris Secondary Educators Association (PSEA), and Cyhan’s employer, Perris Union High School District, to violate his rights to select a representative of his own choice at a June 3, 2022 meeting, and failing to adequately represent him during that meeting. OGC dismissed the allegations because they failed to state a prima facie case of any unfair practice, including because CTA owes Cyhan no duty of fair representation as PSEA, not CTA, is the exclusive representative of employees in his bargaining unit. Cyhan timely appealed the dismissal of the charge.
Disposition: The Board affirmed OGC’s dismissal of the amended unfair practice charge. The Board dismissed the amended unfair practice charge without leave to amend.
Perc Vol: 47
Perc Index: 157