Decision 3011E – Sequoia District Teachers Association (Downing)
SF-CO-886-E
Decision Date: March 4, 2026
Decision Type: PERB Decision (Non-Precedential)
Description: Charging Party Sharlett Downing appealed the dismissal of her unfair practice charge by PERB’s Office of the General Counsel (OGC). Charging Party alleged that Respondent Sequoia District Teachers Association violated the Educational Employment Relations Act (EERA) by breaching its duty of fair representation by misrepresenting to her employer, the Sequoia Union High School District, the status of her leave; excluding her from union communications after she was placed on the 39-month reemployment list; and declining to advocate for restoration of her work e-mail access after she was separated. OGC issued Charging Party a warning letter explaining the facts alleged would not establish that Respondent had breached its duty of fair representation or violated EERA and that PERB is prohibited from issuing a complaint with respect to any charge based upon an alleged unfair practice occurring more than six months before the charge was filed. The warning letter also informed Charging Party that all charge allegations that were known or should have been known were outside EERA’s six-month statute of limitations. Charging Party amended her charge two times, however OGC determined she had not cured the deficiencies explained in the warning letter. OGC dismissed Charging Party’s second amended charge. Charging Party appealed the dismissal.
Disposition: In a non-precedential decision, the Board affirmed the dismissal of Charging Party’s amended charge without leave to amend.
Perc Vol: 50
Perc Index: 136
Decision Headnotes