Visalia Unified School Dist. v. Pub. Employment Relations Bd.
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In this case, the California School Employees Association (CSEA) filed a complaint with the Public Employment Relations Board (Board or PERB) alleging that the Visalia Unified School District (VUSD) violated Government Code section 3543.5, subdivision (a), by terminating an employee in retaliation for her union activities. The employee was a secretary and local union chapter president. The Board found in favor of the employee, concluding that her status as a union officer was protected activity under the Educational Employment Relations Act (EERA), and that VUSD had retaliated against her for her union activity. VUSD appealed this decision.
The Court of Appeal of the State of California, Fifth Appellate District, held that holding a union office is protected activity under the EERA. The court also concluded that the Board correctly found an inference that VUSD had retaliated against the employee for her union activity. However, the court disagreed with the Board's conclusion that VUSD failed to prove its affirmative defense, that it would have terminated the employee for poor performance regardless of any protected activity. The court found that the record compelled a finding that VUSD would have justifiably terminated the employee notwithstanding her protected union activity. Therefore, the court granted VUSD's petition and set aside the Board's decision.
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