August 2026 Board Decisions Summary
Home | News Items | August 2026 Board Decisions Summary
In August 2026, the Board issued 7 decisions. The decision descriptions and dispositions are below.
Employer: City of Novato
Case No. SF-CE-2311-M
Issued Date: 8/12/2026
Precedential
Description: SEIU alleged that the City of Novato interfered with MMBA-protected rights by photographing or video recording picketers outside a city building or by creating the appearance of doing so. PERB’s Office of the General Counsel (OGC) dismissed the charge for failure to state a prima facie case. SEIU appealed, and the City filed an opposition.
Disposition: The Board reversed the dismissal, reaffirming that surveillance of protected activity, or the appearance of such surveillance, tends to chill the exercise of protected rights. Accordingly, the Board held, a charging party pleads a valid prima facie case of interference by alleging that an employer’s agent has gone beyond merely observing open, public protected activity near the employer’s property and instead has: (a) photographed, video recorded or engaged in other recordkeeping of protected activities; or (b) created the appearance of such conduct.
Employer: Cerritos Community College District
Case No. LA-CE-7063-E
Issued Date: 8/18/2026
Non-Precedential
Description: Charging Party Elizabeth Flanagan alleged that Respondent Cerritos Community College District violated the Educational Employment Relations Act (EERA) by retaliating against her for her protected activity and interfering with her rights under EERA. After reviewing Flanagan’s charge as amended, PERB’s Office of the General Counsel (OGC) determined that some of Flanagan’s allegations did not state a prima facie case. OGC issued a complaint on Flanagan’s retaliation allegations, but dismissed her independent interference allegations. Flanagan appealed OGC’s partial dismissal to the Board.
Disposition: In a non-precedential decision, the Board denied Flanagan’s appeal and dismissed all allegations except those that were included in OGC’s complaint.
Organization: Ventura Education Support Professionals Association (Anselmo and Vogl)
Case No. LA-CO-1950-E
Issued Date: 8/19/2026
Non-Precedential
Description: Juana Anselmo and Amanda Vogl alleged that Ventura Education Support Professionals Association breached its duty of fair representation when it failed or refused to assist them in pursuing grievances against their employer, Ventura Unified School District, and in proceedings before the District’s Personnel Commission. PERB’s Office of the General Counsel dismissed the charge, concluding that it did not state a prima facie case of any unfair practice. Charging Parties appealed, and the Association filed an opposition.
Disposition: In a non-precedential decision, the Board affirmed the dismissal.
Employer: City and County of San Francisco
Case No. SF-CE-2071-M
Issued Date: 8/20/2026
Non-Precedential
Description: Charging Party Service Employees International Union Local 1021 filed a charge alleging that Respondent City and County of San Francisco violated the Meyers-Milias-Brown Act (MMBA) by refusing to provide the union with necessary and relevant information and by changing terms and conditions of employment without affording the union adequate notice and opportunity to bargain. After a hearing, the administrative law judge (ALJ) found that Respondent failed to meet and negotiate in good faith with SEIU when it unilaterally changed the policy for ambulance diversion at the Zuckerberg San Francisco General Emergency Department and by refusing to provide SEIU with information related to the change. Both parties filed exceptions. SEIU asked the Board to uphold the violations found by the ALJ but to order spoken notice of the City’s violations as an additional remedy, and to make additional remedial findings that the ALJ declined to determine in the proposed decision. The City asked the Board to reverse the proposed decision and find that it did not violate the MMBA.
Disposition: In a non-precedential decision, the Board affirmed the ALJ’s determinations and clarified the remedy. The Board agreed with the ALJ that PERB’s standard remedies were sufficient to address the violations and did not order a spoken notice.
Employer: Los Angeles Unified School District
Case No. LA-CE-7039-E
Issued Date: 8/25/2026
Non-Precedential
Description: Charging Party Rebekah Gilliland alleged that Respondent Los Angeles Unified School District violated the Educational Employment Relations Act (EERA; Gov. Code, § 3540 et seq.) when it issued Gilliland a notice of non‑renewal in retaliation for her protected activity. After PERB’s Office of the General Counsel (OGC) issued Gilliland a warning letter regarding allegations in her original and two amended charges, she further amended her charge. OGC dismissed the third amended charge, explaining that the charge included no specific allegations that the District knew about Gilliland’s protected activity or that any person who may have known of Gilliland’s protected activity had anything to do with the non-renewal decision.
Disposition: In a non-precedential decision, the Board affirmed OGC’s dismissal of Gilliland’s charge without leave to amend.
Organization: California School Employees Association-Chapter 827 (Blake)
Case No. SA-CO-699-E
Issued Date: 8/26/2026
Precedential
Description: Charging Party Shannon Blake alleged that Respondent California School Employees Association-Chapter 827 (CSEA) violated the Educational Employment Relations Act (EERA; Gov. Code, § 3540 et seq.) by breaching its duty of fair representation, or by discriminating or interfering with her protected rights, when it withheld union representation at a pre disciplinary meeting because she was not a union member. PERB’s Office of the General Counsel (OGC) issued Blake a warning letter explaining that the facts Blake alleged, if proven, would not establish that CSEA had retaliated or discriminated against her, breached its duty of fair representation, or otherwise violated EERA. Blake did not amend her charge, and OGC dismissed the case.
Disposition: The Board affirmed OGC’s dismissal of Blake’s charge without leave to amend, finding that Blake’s charge failed to state a prima facie case that CSEA’s conduct was discriminatory or constituted interference. The Board further held that Blake also failed to state a prima facie case that CSEA violated its duty of fair representation.
Employer: Alliance College-Ready Public Schools
Case No. LA-CE-7047-E
Issued Date: 8/28/2026
Precedential
Description: United Teachers Los Angeles (UTLA) alleged that Alliance College-Ready Public Schools violated the Educational Employment Relations Act by failing and refusing to meet and negotiate in good faith over a first contract. Following a formal hearing by an administrative law judge, UTLA filed a request for the Board itself to issue a decision pursuant to PERB Regulation 32320(a)(1). The Board granted the request, and the evidentiary record was submitted directly to the Board itself for decision.
Disposition: In a precedential decision, the Board sustained the violations. The Board concluded that Alliance engaged in per se bad faith bargaining when it refused to provide reasoned explanations for its rejection of the parties’ tentative agreements; refused to meet and negotiate during a critical period beginning in early September 2025; and refused to make any proposals (instead making only supposals) when it eventually agreed to meet and negotiate. The Board also found multiple indicators that Alliance bargained in bad faith under the totality of circumstances analysis. As part of the customary make-whole relief for a bad faith bargaining violation, the Board ordered Alliance to, at UTLA’s election, restore the status quo by placing all articles of the parties’ tentative agreements, with the exception of the term, back on the table.
Legal Disclaimer:
EIN Presswire provides this news content "as is" without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the author above.
