If you’re a public safety employee in California, you know
your job comes with high stakes and unique workplace challenges. You also have
rights under state labor laws, enforced by the Public Employment Relations
Board (PERB). In two recent cases involving school districts, PERB ordered an
unusual remedy: the districts’ top officials must read a notice out loud,
record it on video, and share it with employees. While these cases involve
schools, they set a precedent that also applies under the MMBA, Dills Act, etc.
This post explains why PERB ordered this extraordinary remedy, and what it
means for your workplace rights.
Background
In these cases, PERB found that two school districts
violated the Educational Employment Relations Act (EERA), a law that protects
public employees’ rights to organize and speak out.
- Clovis
Unified School District (PERB Decision No. 2904, October 2024): Clovis
Unified illegally propped up an employee group called the Clovis Unified
Faculty Senate, giving it money, special access, and preferential
treatment over a competing union, the Association of Clovis Educators
(ACE). This created a “company union” that wasn’t truly independent,
undermining employees’ freedom to choose their representation. - Hacienda
La Puente Unified School District (PERB Decision No. 2930, November 2024):
The district retaliated against Margarita Caldera, a union leader who
spoke out about workplace safety and contract issues during the COVID-19
pandemic. They investigated her, accused her of breaking their “civility
policy,” and ordered her to stay quiet, scaring her so much she stepped
down as union president.
These violations aren’t unique to schools. Peace officers,
firefighters, and public attorneys often face similar issues: management
favoring one union, punishing union leaders for speaking out, or interfering
with your right to organize. PERB’s new remedy of a spoken notice read aloud
and recorded sends a strong message to management.
What’s a Spoken Notice, and Why Video?
Normally, PERB orders employers to post a written notice,
like on a break room bulletin board, promising to follow labor laws. But in
these cases, PERB upped the ante:
- Clovis
Unified: The superintendent must read PERB’s notice aloud on video,
and the video must be shown at staff meetings across all 50+ schools
during the school year, ensuring everyone hears it. - Hacienda
La Puente: The superintendent must read the notice aloud at meetings
with employees in Caldera’s bargaining unit, designed to reach as many
workers as possible. A union representative can attend to ensure it’s done
properly. While not explicitly requiring a video, the formal reading is
meant to maximize impact.
Why did PERB order the top boss to read it aloud and record
it? A written notice can be ignored in a busy workplace like a police station,
firehouse, or the courthouse. Hearing your agency’s leader admit they broke the
law, in their own voice, is harder to miss. This remedy:
- Shows
Accountability: When the head of your agency reads the notice, it
proves they’re taking the violation seriously and committing to change. - Reaches
Everyone: Your work is often spread across precincts, stations, or
offices. Videos or live readings ensure the message gets to you, whether
you’re on shift or in a meeting. - Restores
Confidence: If you’ve felt pressured to avoid a union or silenced for
raising concerns, this public act reassures you that your rights are
protected.
Why These Cases Matter to You
The violations in these cases hit close to home for public
safety employees. In Clovis, the district controlled the Faculty Senate with
money and influence, making it hard for employees to pick a union that truly
represented them. Imagine your agency retaliating against your representatives
for demanding better safety gear, less mandatory overtime, or fair disciplinary
investigations. In Hacienda La Puente, Caldera was punished for raising
safety issues, which scared others from speaking up. If you’re calling out
unsafe equipment, unfair promotions, or contract violations, your agency can’t
retaliate to silence you.
PERB ordered spoken notices because these violations were
serious and widespread. Clovis Unified has a history of favoring one
group, going back to 1984. Hacienda La Puente’s actions chilled free
speech across the workplace. This remedy signals that PERB won’t let agencies
undermine your rights to engage in concerted action, whether it’s understaffing,
excessive overtime, or budget cuts.
What’s Next?
In Clovis, the district must record the
superintendent reading the notice within 60 days of the decision being final
(no more appeals) and show the video at staff meetings. In Hacienda La
Puente, the superintendent must read the notice at employee meetings within
60 days or at the semester’s start, if the union prefers. Both districts also
have to post written notices and take other steps, like stopping illegal
actions and clearing Caldera’s disciplinary records.
These spoken notices are a wake-up call and a reminder that PERB
has your back. When labor organization file unfair practice charges, they should
consider requesting recorded readings of the notice. PERB can’t award remedies
that the union does not request.
