McFARLAND UNIFIED SCH. DIST. v. PUB. EMP. REL. BD

228 Cal.App.3d 166 (1991) McFARLAND UNIFIED SCHOOL DISTRICT, Petitioner,

v.

PUBLIC EMPLOYMENT RELATIONS BOARD, Respondent; McFARLAND TEACHERS ASSOCIATION, CTA/NEA, Real Party in Interest.

Docket No. F013404. Court of Appeals of California, Fifth District.

March 7, 1991.[†] [167] COUNSEL

Fekete, Carton, Hartsell, Chambers, Grass, Ronich & Peters and Stephen L. Hartsell for Petitioner.

John W. Spittler and Jennifer A. Chambers for Respondent.

A. Eugene Huguenin, Jr., Beverly Tucker, Diane Ross and Ramon Romero for Real Party in Interest.

[Opinion certified for partial publication.[‡]]

OPINION

STONE (W.A.), J.

The petition of the McFarland Unified School District (District) presents two issues: (1) whether the record and applicable law [168] support the conclusion of respondent, the Public Employment Relations Board (PERB) that the District discriminated against Vicki Stephens-Weaver, a probationary schoolteacher, by not reelecting her to teach at McFarland High School on the basis of her exercising rights as a member of real party in interest, the McFarland Teachers Association, CTA/NEA (Association), and (2) whether the PERB had authority to order reinstatement as a make-whole remedy in light of the District's statutory authority to determine whether a probationary employee should be granted tenure.

PART I

THE CASE