Pavik et al. v. Fillmore Unified School District
Three teachers filed an unfair practice charge against the Fillmore Unified School District alleging that the District retaliated against them after they submitted a charter petition proposing to convert the low-performing district school in which they taught.
On May 28, 2013, a Public Employment Relations Board (PERB) hearing officer issued a proposed decision in a case concerning retaliation claims filed by three teachers involved in a charter petition to convert a low-performing public school in the Fillmore Unified School District (Fillmore). The PERB hearing officer determined that Fillmore retaliated against the teachers by transferring them from the low-performing school, where they had worked for years, to other district schools after the district denied the charter petition and the petitioner's appeal attempts failed.
Pursuant to the proposed decision and findings, the hearing officer ordered Fillmore to: (1) cease and desist from retaliating against the teachers because the pursued a charter petition; (2) offer the teachers the positions they held at the school they sought to convert prior to their transfers; (3) reimburse mileage and grant leave in connection to the new school assignment for one of the transferred teachers; and (4) post a notice in every location where teachers receive notices about the school district's retaliatory conduct and the relief ordered by the hearing officer.
While this case is limited to Fillmore and these teachers, it stands for the proposition that teacher participation in the development of a conversion charter school petition is protected activity under the Education Employees Relations Act, the state law that governs all collective bargaining activity in district and charter schools. The practical impact of the case means that school district teachers can engage in charter school development and petition activities without fear of retaliation from the school district.
CCSA's CSLDF financially supported the case of the three teachers throughout the hearing process, as we determined that this case was an important vehicle to strengthen the employment rights of public school teachers fighting to convert and develop charter schools in California.
- May 23, 2013: An Administrative Law Judge (ALJ) issued a Proposed Decision finding in favor of the district teachers.
- June 12, 2013: The ALJ's decision will become final unless the District or the teachers file exceptions with the Public Employees Relations Board (PERB).
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