Violated Law with Employee Retaliation
A recent ruling by Administrative Law Judge Robin W. Wesley has found that the Rocklin Unified School District broke the law by retaliating against four employees and violated the Educational Employment Relations Act by laying off Jennifer Hammond, Genevieve Sherman, Susan Firchau and Jennifer Bradley, because they engaged in activity protected by EERA. The entire ruling may be read below.
Upon the foregoing findings of fact and conclusions of law, and the entire record in the case, it is found that the Rocklin Unified School District (District) violated the Educational Employment Relations Act (EERA), Government Code section 3540 et seq. The District violated the EERA by laying off Jennifer Hammond, Genevieve Sherman, Susan Firchau and Jennifer Bradley, because they engaged in activity protected by EERA. All other allegations are dismissed.
Therefore, pursuant to EERA section 3541.5(c), it hereby is ORDERED that the District and its representatives shall:
A. CEASE AND DESIST FROM:
Retaliating against employees because of their participation in activities protected by the EERA.
B. TAKE THE FOLLOWING AFFIRMATIVE ACTIONS DESIGNED TO EFFECTUATE THE POLICIES OF THE ACT:
Make whole Jennifer Hammond, Genevieve Sherman, Susan Firchau and Jennifer Bradley by offering them reinstatement, and provide back pay with interest at the rate of 7 percent per annum for wages lost from the date of layoff to the date the offer of reinstatement is made.
2. Within 10 workdays after service of a final decision in this matter, post at all work locations where notices to employees in the District customarily are posted, copies of the Notice attached hereto as an Appendix. The Notice must be signed by an authorized agent of the District, indicating that it will comply with the terms of this Order. Such posting shall be maintained for a period of 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.
3. Written notification of the actions taken to comply with this Order shall be made to the General Counsel of the Public Employment Relations Board (PERB or Board), or the General Counsel’s designee. The District shall provide reports, in writing, as directed by the General Counsel or his/her designee. All reports regarding compliance with this Order shall be concurrently served on the Association.
Pursuant to California Code of Regulations, title 8, section 32305, this Proposed Decision and Order shall become final unless a party files a statement of exceptions with the Board itself within 20 days of service of this Decision.