2024 ACSA Personnel & Negotiations Symposium

Public school employees have the protected right under the Educational Employment Relations Act (“EERA”) to engage in union activity, which includes but is not limited to, speaking out about contract negotiations and/or a labor dispute, and criticizing the employer and its administration regarding matters related to working conditions. The Public Employment Relations Board (“PERB”) has, and continues to, provide employees with wide latitude to engage in such protected speech, including some leeway for impulsive, intemperate, abusive and inaccurate conduct and statements. Employers have to carefully balance the employee’s right to engage in protected conduct with the employer’s right to maintain a professional and respectful workplace. During this presentation, DWK attorneys Candace Bandoian and Ellen Wu will discuss, through actual case scenarios, the parameters of protected and unprotected activity and the potential consequences for taking adverse action against an employee deemed to have engaged in protected activity.