McFarland Unified School District v. Public Employment Relations Board

Opinion

STONE (W.A.), 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

An administrative law judge (ALJ) initially decided the matter as an agent of the PERB. The PERB adopted the factual findings of the ALJ. Although the District challenges the ultimate finding of discrimination, it does not question the ALJ’s factual summary. Therefore, we adopt as part II of this opinion that factual summary and will recite additional evidence of specific events when it becomes relevant to our analysis of the issues presented. Because a detailed recitation of the facts is not necessary for a discussion of the issue we publish, we have omitted the statement of facts from publication.

Parts II-IV*

Part V

Reinstatement as a Remedy

In part IV we have determined substantial evidence supports the PERB’s conclusion the District chose not to rehire Stephens-Weaver for an illegal reason—her participation in protected activity and that other, lawful reasons advanced before the ALJ were pretextual. The question is what is the proper remedy?

[169]The PERB ordered Stephens-Weaver’s reinstatement as a tenured teacher, a remedy the District argues impermissibly interferes with its authority to decide whether to grant tenure to a probationary teacher. The District argues the matter must be remanded for it to make the decision independently and without consideration of the unlawful reason.