The First Amendment protects religious freedom and, because of that important right, religious institutions are entitled to an exemption from civil rights statutes that govern employment discrimination. This principle was at the core of two important decisions, one from the U.S.
A decision from California’s Public Employment Relations Board clarifies the rules that apply when an employee asserts that his/her union breached the “duty of fair representation” when handling (or in this case not handling) the employee’s grievance. Here is the nub of the PERB ruling in Jacala v.
We have commented previously about the First Amendment free speech rights of public employees. In Nichols v. Dancer, the law took another step in favor of protecting an employee’s right to associate with colleagues who may be involved in controversial issues.
Sometimes when teachers do what others do, they can get into trouble simply because they are teachers. A case from San Diego highlights this very problem. In San Diego Unified School District v.
California teachers who have been convicted of driving under the influence (DUI) often ask us about their reporting responsibilities to the Commission on Teacher Credentialing (CTC).
Public employee unions are required to send a “Hudson notice” to bargaining unit members which must provide an “adequate explanation of the basis for union representation fees, a reasonably prompt opportunity to challenge the amount of the fee before an impartial decision maker, and an escrow for th...
When classified school district employees are laid off due to lack of work/funds, they are subject to being rehired within 39 months. If rehired, they resume their former employment status.