Decision 3071E – Oakland Unified School District
SF-CE-3772-E
Decision Date: October 23, 2026
Decision Type: PERB Decision (Non-Precedential)
Description: Charging Party Pamela Kennedy alleged that Respondent Oakland Unified School District violated the Educational Employment Relations Act (EERA; Gov. Code, § 3540 et seq.) by issuing her a notice of probationary non-reelection in retaliation for her protected activity. After reviewing Kennedy’s charge and three amendments, PERB’s Office of the General Counsel (OGC) issued her a warning letter, explaining that the facts she alleged, if proven, would not state a prima facie case of any EERA violation. The letter provided Kennedy an opportunity amend her charge and thereby attempt to cure its deficiencies. On the same day Kennedy received the warning letter, she attempted to file a fourth amended charge. OGC rejected the charge pursuant to PERB Regulation 32125, noting that it contained confidential information and directing her to refile the fourth amended charge with all confidential information redacted. Kennedy did not refile the charge by the deadline, and OGC subsequently dismissed the charge based on the reasoning in the warning letter.
Disposition: In a non-precedential decision, the Board affirmed the dismissal without leave to amend.
Decision Headnotes