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September 2026 Board Decisions Summary
In September 2026, the Board issued 8 decisions. The decision descriptions and dispositions are below.
Organization: Registered Nurses Professional Association (Kiesel)
Case No. SF-CO-558-M
Issued Date: 9/8/2026
Non-Precedential
Description: Charging Party Ginger Kiesel alleged that Respondent Registered Nurses Professional Association violated the Meyers-Milias-Brown Act (MMBA; Gov. Code, § 3500 et seq.) by retaliating against her for protected activity, interfering with protected rights under the MMBA, and breaching its duty of fair representation. After reviewing Kiesel’s charge and an amendment, PERB’s Office of the General Counsel (OGC) issued her a warning letter, explaining that the facts Kiesel alleged, if proven, would not state a prima facie case of any MMBA violation. The letter afforded Kiesel an opportunity to amend her charge and thereby attempt to cure its deficiencies, which Kiesel did by filing a second amended charge. Following review, OGC dismissed the second amended charge, concluding that it failed to allege a prima facie case of any unfair practice.
Disposition: In a non-precedential decision, the Board affirmed the dismissal without leave to amend.
Employer/Organization: Stockton Unified School District and Stockton Teachers Association
Case Nos. SA-CE-3208-E and SA-CO-686-E
Issued Date: 9/10/2026
Partial Non-Precedential
Description: The Board consolidated these two cases for the purpose of this decision. Charging Party Adriana Cruces filed unfair practice charges against Stockton Unified School District and Stockton Teachers Association, CTA/NEA (STA), respectively. In Case No. SA-CE-3208-E, Cruces alleged that the District violated EERA by retaliating against her for engaging in protected activity such as serving as an STA executive board member and filing grievances against the District. In Case No. SA-CO-686-E, Cruces alleged that STA breached its duty of fair representation by missing deadlines to file grievances and refusing to represent her and pursue her grievances against the District. Cruces also alleged that STA retaliated against her and interfered with protected rights. OGC issued a warning letter in each case, stating that the charges did not state a prima facie violation and outlining the deficiencies. Following the warning letters, Cruces filed amended charges in each case. OGC dismissed the amended charge in each case because they did not correct the deficiencies identified in the warning letters and did not otherwise state a prima facie violation. Cruces appealed both dismissals. In each case, Cruces filed with the Board a “motion for disclosure,” requesting that each Board member disclose information regarding potential conflicts that would impact impartiality.
Disposition: The Board issued a partially non-precedential decision. In the non-precedential portion of the decision, the Board upheld OGC’s dismissal of the unfair practice charge in each consolidated case, without leave to amend. Additionally, the Board denied Cruces’ motions for disclosure. The Board designated the portion of the decision addressing Cruces’ motions for disclosure as precedential.
Employer: City of Burbank
Case No. LA-CE-1711-M
Issued Date: 9/17/2026
Non-Precedential
Description: International Brotherhood of Electrical Workers Local 18 (IBEW) filed an unfair practice charge alleging that the City of Burbank violated the Meyers-Milias-Brown Act (MMBA; Gov. Code, § 3500 et seq.) when the City unilaterally changed its overtime scheduling policy for certain employees at the City-operated power plant. After a formal hearing, a PERB Administrative Law Judge (ALJ) issued a proposed decision finding that the City violated the MMBA. The ALJ found that the City deviated from the status quo without providing IBEW notice and the opportunity to bargain, and IBEW did not waive its right to bargain over overtime scheduling policy. The City filed exceptions asking the Board to reverse the proposed decision; IBEW responded, urging the Board to affirm the proposed decision.
Disposition: In a non-precedential decision, the Board affirmed the proposed decision.
Organization: Service Employees International Union Local 521 (Martinez)
Case No. SA-CO-185-M
Issued Date: 9/18/2026
Non-Precedential
Description: Charging Party Cynthia Martinez alleged that Respondent Service Employees International Union Local 521 (SEIU) violated the Meyers-Milias-Brown Act (MMBA; Gov. Code, § 3500 et seq.) by breaching its duty of fair representation. PERB’s Office of the General Counsel (OGC) determined that certain allegations in the charge were outside the statute of limitations and that the remaining allegations did not state a prima facie case that SEIU had breached the duty of fair representation. After reviewing Martinez’s charge, OGC sent Charging Party a warning letter. The letter provided Charging Party an opportunity to file an amended charge and thereby cure the deficiencies described in the letter. Although Martinez thereafter filed a first amended charge adding new allegations, OGC found that it still did not state a prima facie case of any unfair practice. Martinez appealed.
Disposition: In a non-precedential decision, the Board affirmed the dismissal without leave to amend.
Organizations: Sacramento City Teachers Association, CTA/NEA and California Teachers Association (Reilly)
Case Nos. SA-CO-708-E and SA-CO-709-E
Issued Date: 9/22/2026
Non-Precedential
Description: Charging Party Patrick Reilly alleged that Respondents Sacramento City Teachers Association, CTA/NEA (SCTA) and California Teachers Association, CTA/NEA (CTA) violated the Educational Employment Relations Act (EERA; Gov. Code, § 3540 et seq.) when they failed to respond to his communications regarding his assertions that his employer, the Sacramento City Unified School District, wrongfully withheld sick leave payments from him. On May 20, 2026, OGC issued warning letters in both cases and found that neither charge was filed timely, and that, moreover, CTA did not owe a duty of fair representation to Reilly. OGC provided Reilly the opportunity to amend his charges to cure the defects outlined in the warning letter, but he did not do so. OGC dismissed the charge.
Disposition: In a non-precedential decision, the Board affirmed OGC’s dismissal of Reilly’s charge without leave to amend.
Employer: Colton Joint Unified School District
Case No. LA-CE-7026-E
Issued Date: 9/23/2026
Non-Precedential
Description: Charging Party Adam Paul Angulo alleged that Respondent Colton Joint Unified School District violated the Educational Employment Relations Act (EERA) by failing to grant Angulo’s request for union representation, retaliating against him for requesting union representation, and by constructively discharging him from his position at Zimmerman Elementary. PERB’s Office of the General Counsel (OGC) issued a warning letter informing Angulo that he did not allege sufficient facts to establish a prima facie case of interference, constructive discharge, retaliation, or any other EERA violation in his charge. The warning letter also provided Angulo with the opportunity to amend his charge to cure the deficiencies outlined therein. Angulo filed a second amended charge, but OGC determined that Angulo still had not alleged sufficient facts to correct the deficiencies outlined in the warning letter and dismissed the charge. Angulo appealed, and the District filed a response to his appeal.
Disposition: In a non-precedential decision, the Board affirmed OGC’s dismissal of Angulo’s dismissal without leave to amend.
Employer: County of Fresno
Case No. SA-CE-1323-M
Issued Date: 9/28/2026
Non-Precedential
Description: Charging Party Cynthia Martinez alleged that Respondent County of Fresno violated the Meyers-Milias-Brown Act (MMBA; Gov. Code, § 3500 et seq.) by retaliating against her for reporting the “misuse of Juvenile Trust funds, confidentiality failures, and improper collections,” filing grievances, and requesting union assistance. After reviewing the charge and the County’s response, PERB’s Office of the General Counsel (OGC) issued Martinez a warning letter explaining that the facts Martinez alleged, if proven, would not establish that the County had violated the MMBA. The warning letter provided Martinez an opportunity to further amend her charge to attempt to cure its deficiencies. Martinez filed an amended charge, asserting she contacted her union, Service Employees International Union Local 521, on May 1, 2025, to request assistance with presenting concerns about County funds and operations. The amended charge did not allege any facts suggesting that the County knew about this request for assistance before Martinez’s layoff was announced. OGC dismissed the second amended charge, because it did not state a prima facie case of any unfair practice. Martinez appealed, and the County filed an opposition.
Disposition: In a non-precedential decision, the Board affirmed OGC’s dismissal without leave to amend.
Organization: California School Employees Association (Krzesniak)
Case No. SF-CO-902-E
Issued Date: 9/30/2026
Non-Precedential
Description: Charging Party Stanley Krzesniak alleged that Respondent California School Employees Association (CSEA) violated the Educational Employment Relations Act (EERA; Gov. Code, § 3540 et seq.) when it breached the duty of representation regarding grievance processing. After PERB’s Office of the General Counsel (OGC) issued Krzesniak a warning letter, he filed an amended charge. OGC dismissed the amended charge, finding that it did not correct the deficiencies outlined in the warning letter.
Disposition: In a non-precedential decision, the Board affirmed OGC’s dismissal of Krzesniak’s charge without leave to amend.