No. 20-617

California Virtual Academies v. California Public Employment Relations Board

Lower Court: California
Docketed: 2020-11-09
Status: Denied
Type: Paid
Response Waived
Tags: burden-of-proof constitutional-law due-process labor-relations prima-facie-case retaliation wright-line-test
Key Terms:
AdministrativeLaw Arbitration ERISA DueProcess LaborRelations
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether California's Public Employment Relations Board may postpone consideration of employer evidence that contradicts a prima facie case of unlawful retaliation under the Wright Line test

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW In making a determination as to whether a charging party has established its “prima facie case” of unlawful retaliation due to union activity according to the standard set forth by the National Labor Relations Board in Wright Line, A Div. of Wright Line, Inc. (1980) 251 NLRB 1083 (“Wright Line”), may California’s Public Employment Relations Board (“PERB” or the “Board”), directly applying the Wright Line test to retaliation cases brought under California’s Educational Employee Relations Act, postpone its consideration of employer evidence that tends to contradict the charging party’s “prima facie case” until after the burden of proof has shifted to the employer to prove, by a preponderance of the evidence, that the employer would have taken the same course of action regardless of the employee’s protected activity? i II. LIST OF ALL

Docket Entries

2021-01-11
Petition DENIED.
2020-12-16
DISTRIBUTED for Conference of 1/8/2021.
2020-12-03
Waiver of right of respondent Public Employment Relations Board to respond filed.
2020-12-01
Waiver of right of respondent Real Party in Interest, California Teachers Association to respond filed.
2020-09-22
Petition for a writ of certiorari filed. (Response due December 9, 2020)

Attorneys

California Virtual Academies
Paul Christian MinneyYoung, Minney & Corr, LLP, Petitioner
Public Employment Relations Board
Jose Felix De La TorreState of California, Public Employment Relations Board, Respondent
Real Party in Interest, California Teachers Association
Jacob Fremont RukeyserCalifornia Teachers Association, Legal Department, Respondent