Journey Charter School (PERB 1945EA)

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STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD

CALIFORNIA TEACHERS ASSOCIATION/NEA,
Charging Party, Case No. LA-CE-4808-E
V. Remand from Court
JOURNEY CHARTER SCHOOL, PERB Decision No. 1945a
Respondent. June 2, 2009

Before McKeag, Neuwald and Wesley, Members.

DECISION AND ORDER

WESLEY, Member: This case is before the Public Employment Relations Board
(PERB or Board) on remand from the Court of Appeal. The California Teachers
Association/NEA (CTA) alleged in its unfair practice charge, inter alia, that Journey Charter
School (JCS) violated the Educational Employment Relations Act (EERA)! when it refused to
renew the teaching contracts of three teachers because they engaged in protected activity.

In Journey Charter School (2008) PERB Decision No. 1945, the Board dismissed the
charge and complaint finding that JCS had not retaliated against the three teachers. CTA
appealed. In California Teachers Association v. Public Employment Relations Board (2009)
169 Cal.App.4" 1076, the Court of Appeal disagreed with the Board, concluding that the
teachers’ employment contracts were terminated in violation of the EERA. The Court of
Appeal remanded the case to PERB to issue an order consistent with its decision. Accordingly,

pursuant to the Court of Appeal’s decision, the Board issues this decision vacating PERB

' EERA is codified at Government Code section 3540 et seq. Unless otherwise
indicated, all statutory references herein are to the Government Code.

Decision No. 1945. Further, pursuant to EERA section 3541.S(c),2 it is hereby ORDERED that
Journey Charter School (JCS) and its representatives shall:
A. 	CEASE AND DESIST FROM:
1.	
Retaliating against employees because
of
their exercise
of
protected
activities.
B.	
TAKE THE FOLLOWING AFFIRMATIVE ACTIONS DESIGNED TO
EFFECUATE THE PURPOSES OF THE EERA:
1.	
Make Stephanie Edwards, Paola Schouten and Marlene Nicholas whole
by offering them reinstatement as teachers, and pay them back pay with interest at the rate
of
seven (7) percent per annum for all wages lost from the date
of
the non-renewal
of
their
contracts to the date the offer
of
reinstatement is made.
2.	
Within ten (10) workdays following the date this Decision is no longer
subject to appeal, post at all work locations where notices to employees are customarily posted,
copies
of
the Notice attached hereto as an Appendix. The Notice must be signed by an
authorized agent
of
JCS, indicating that JCS will comply with the terms
of
this Order. 	Such
posting shall be maintained for a period
of
thirty (30) consecutive workdays. 	Reasonable steps
shall be taken to ensure that the Notice is not reduced in size, altered, defaced or covered with
any other material.
2 EERA section 3541.S(c) states:
The board shall have the power to issue a decision and order
directing an offending party to cease and desist from the unfair
practice and to take such affirmative action, including but not
limited to the reinstatement of employees with or without back
pay, as will effectuate the policies of this chapter.
2

3.	
Written notification
of
the actions taken to comply with this Order shall
be made to the General Counsel
of
PERB, or the General Counsel's designee. JCS shall
provide reports, in writing, as directed by the General Counsel or her designee. All reports
regarding compliance with this Order shall be concurrently served on the California Teachers
Association/NEA.
Members McKeag and Neuwald joined in this Decision.
3

APPENDIX
NOTICE TO EMPLOYEES
POSTED
BY
ORDER OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
An Agency
of
the State
of
California
After a hearing before the Public Employment Relations Board in Unfair Practice Case
No. LA-CE-4808-E, California Teachers Association/NEA
v.
Journey Charter School, in
which all parties had the right to participate, and following the decision
of
the Court
of
Appeal
in California Teachers Association
v.
Public Employment Relations Board (2009) 169
Cal.App.4 th 1076, it has been found that the Journey Charter School violated the Educational
Employment Relations Act (EERA), Government Code section 3540 et seq. by deciding not to
renew the employment contracts
of
Stephanie Edwards (Edwards), Paola Schouten (Schouten)
and Marlene Nicholas (Nicholas) because they engaged in protected activities.
As a result
of
this conduct, we have been ordered to post this Notice and we will:
A. 	CEASE AND DESIST FROM:
1.	
Retaliating against employees because
of
their exercise
of
protected
activities.
B. 	TAKE THE FOLLOWING AFFIRMATIVE ACTIONS DESIGNED
TO
EFFECTUATE THE POLICIES OF THE EERA:
1.	
Make Edwards, Schouten and Nicholas whole by offering them
reinstatement as teachers, and pay them back pay with interest at the rate
of
seven (7) percent
per annum for all wages lost from the date
of
the non-renewal
of
their contracts to the date the
offer
of
reinstatement is made.
Dated: 	JOURNEY CHARTER SCHOOL
By:
Authorized Agent
THIS IS AN OFFICIAL NOTICE. IT MUST REMAIN POSTED FOR AT LEAST THIRTY
(30) CONSECUTIVE WORKDAYS FROM THE DATE OF POSTING AND MUSTNOT BE
REDUCED IN SIZE, DEF ACED, ALTERED OR COVERED WITH ANY OTHER
MATERIAL.