Decision 2985E – Poway Federation of Teachers (Bernardy)
LA-CO-1883-E
Decision Date: September 3, 2025
Decision Type: PERB Decision (Non-Precedential)
Description: Charging Party Olivia Bernardy filed an appeal from a determination by PERB’s Office of the General Counsel (OGC) to dismiss her unfair practice charge. The charge, as amended, primarily alleges that Respondent Poway Federation of Teachers (PFT) breached its duty of fair representation and thereby violated the Educational Employment Relations Act (EERA). In her charge, Bernardy raises multiple issues, including alleged interference and retaliation, Americans with Disabilities Act (ADA) interactive process and workplace safety concerns, hiring concerns, and concerns regarding how PFT addressed scheduling and workload in bargaining. After reviewing Bernardy’s charge, its three amendments, and the District’s responses, OGC issued Bernardy a warning letter indicating she did not state a prima facie case for breach of the duty of fair representation and raised certain allegations that fell outside of PERB’s jurisdiction or the applicable statute of limitations. After Bernardy amended her charge a fourth time, OGC found it had neither cured the deficiencies set forth in the warning letter nor stated a prima facie case of any EERA violation. OGC dismissed the charge. Bernardy appealed.
Disposition: In a non-precedential decision, the Board affirmed the OGC’s determination and dismissed Bernardy’s charge.
Perc Vol: 50
Perc Index: 66
Decision Headnotes