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December 2025 Board Decisions Summary
In December 2025, the Board issued five decisions. The decision descriptions and dispositions are below.
Organization: Atwater Elementary Teachers Association, CTA/NEA (Garcia)
Case No. SA-CO-682-E
Issued date: December 15, 2025
Precedential
Description: Charging Party Christina Garcia appealed the dismissal by the Office of the General Counsel’s (OGC) dismissal of her unfair practice charge. Garcia’s unfair practice charge, as amended, alleged that Respondent Atwater Elementary Teachers Association, CTA/NEA (AETA) violated the Educational Employment Relations Act (EERA) by breaching its duty of fair representation. Garcia also alleged that AETA engaged in age discrimination and retaliated against her. OGC determined that Garcia’s charge failed to state a prima facie case and that not all of her allegations were timely. OGC dismissed her charge and Garcia appealed.
Disposition: The Board affirmed OGC’s dismissal, issuing a precedential decision because Garcia fabricated all of the legal citations in her appeal. The fabricated legal authorities were created by generative artificial intelligence (AI) tools that Garcia used to draft her appeal. The Board therefore issued the decision to resolve the instant matter, but also as a warning that no charge, appeal, response, reply or any other filing before PERB should contain any citations or statements of law, whether provided by AI or any other source, which are fabricated. The Board declined to issue monetary sanctions, but held that inclusion of fabricated cases or statements of law, before any division of PERB, will warrant serious consequences, such as striking the filing from the record, dismissal of the charge, or monetary sanctions. Further, the Board held that even if Garcia had not relied on nonexistent cases and fabricated statements of law, her case must be dismissed because she failed to establish a prima facie case.
Employer: San Diego Metropolitan Transit System
Case No. SA-SV-1-P
Issued date: December 16, 2025
Non-Precedential
Description: Petitioner Transit Electromechanics Union (TEU) appealed an administrative decision by the State mediation and Conciliation Service (SMCS). SMCS dismissed TEU’s petition for certification as the bargaining representative of a unit of employees of the San Diego Metropolitan Transit System (MTS). On October 2, 2024 TEU filed a position with SMCS seeking to sever Light Rail Vehicle (LRV) Electromechanics, LRV Linemen, and LRV Assistant Linemen from an already existing bargaining unit pursuant to PERB Regulation 72005(a)(3). The existing bargaining unit is the San Diego Trolley, Inc.’s general bargaining unit, which is represented by the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART). On August 14, 2025, SMCS issued an Order to Show Cause why TEU’s petition should not be dismissed. After TEU filed a timely response, SMCS dismissed TEU’s petition. TEU appealed the dismissal on October 24, 2025 and MTS and SMART filed responses to that appeal.
Disposition: In a non-precedential decision, the Board affirmed SMCS’s conclusion that TEU failed to demonstrate that severance of LRV employees is appropriate. The Board denied TEU’s appeal of the October 14, 2025 administrative determination.
Employer: SunLine Transit Agency
Case No. LA-CE-1536-M
Issued date: December 17, 2025
Non-Precedential
Description: In SunLine Transit Agency (2024) PERB Decision No. 2928-M, the Board found that SunLine Transit Agency violated the MMBA when it issued Anthony Garcia a written warning in response to his protected social media activities. The Board’s remedial order directed SunLine to: (1) cease and desist from imposing reprisals against employees for social media activities that the MMBA protects; (2) rescind and expunge the written warning as well as related records; (3) make Garcia whole for any monetary losses resulting from the written warning; and (4) provide SunLine employees with notice of the Board’s decision. Following the Board’s decision, PERB’s Office of the General Counsel initiated compliance proceedings and ultimately determined that SunLine complied with the Board’s order. Garcia appealed from that determination.
Disposition: In a non-precedential decision, the Board found no cause to disturb OGC’s determination.
Employer: Coast Community College District
Case No. LA-CE-6636-M
Issued date: December 19, 2025
Non-Precedential
Description: Charging Party Stanislav Dubrovskiy filed exceptions to a proposed decision of an administrative law judge (ALJ). The complaint alleges that Respondent Coast Community College District violated the Educational Employment Relations Act (EERA) when it issued Dubrovskiy an unsatisfactory evaluation, denied his tenure, and terminated his employment because of his protected activity asserting his contractual rights during a dispute with the Office of Disabled Students Programs and Services. The ALJ issued a proposed decision dismissing Dubrovskiy’s complaint and charge. Dubrovskiy filed exceptions to reverse the proposed decision. The District did not file cross exceptions and urged the Board to affirm the proposed decision.
Disposition: In a non-precedential decision, the Board affirmed the ALJ’s proposed decision dismissing the complaint and charge.
Employer: Sacramento City Teachers Association, CTA/NEA (Reilly)
Case No. SA-CO-697-E
Issued date: December 29, 2025
Non-Precedential
Description: Patrick Reilly filed an unfair practice charge alleging that Sacramento City Teachers Association, CTA/NEA violated the Educational Employment Relations Act (EERA) by causing a teacher employed by the Sacramento City Unified School District to file a harassment complaint against Reilly. After PERB’s Office of the General Counsel (OGC) issued a warning letter, Reilly amended his charge. OGC dismissed the amended charge for failure to state a prima facie case. Reilly appealed.
Disposition: In a non-precedential decision, the Board affirmed the dismissal of Reilly’s charge without leave to amend.