A group of 11 public charter schools has taken legal action against a state agency over allegations of unlawful interference with union membership. The complaint, filed by the Alliance Marc & Eva Stern Math and Science High School and others on December 26, 2024, in the Court of Appeal of the State of California, accuses the Public Employment Relations Board (PERB) of misinterpreting laws related to union membership discouragement.
The case revolves around a November 2021 decision by PERB that found these schools guilty of violating section 3550 of the Government Code, which prohibits public employers from deterring or discouraging employees from joining or remaining in unions. The ruling ordered the schools to cease such activities. According to PERB, communications from school administrators and their management organization, Alliance College-Ready Public Schools (Alliance CMO), were designed to influence staff decisions about union representation by United Teachers Los Angeles (UTLA).
The schools argue that PERB's interpretation is flawed as it dismisses established free speech defenses under federal and state law for non-coercive employer speech. They claim section 3550 is unconstitutional both on its face and as applied because it infringes upon free speech rights protected by the U.S. and California Constitutions. Furthermore, they challenge the evidence supporting PERB’s conclusion that Alliance CMO and school administrators acted on behalf of the schools when sending emails about UTLA.
The emails in question were sent between March and May 2018. They included warnings about potential negative consequences of unionization, such as increased dues used for anti-charter lobbying and bypassing secret ballot elections. Principals also shared personal experiences with unions, describing them as ineffective or divisive.
PERB maintains that its interpretation is correct and argues that charter schools cannot assert constitutional claims against state statutes since they are political subdivisions of California. However, the court found that charter schools are not considered political subdivisions for all purposes and can assert constitutional claims.
The petitioners seek extraordinary relief from this decision, arguing that their communications were government speech made in official capacities rather than private citizen expressions. The court upheld PERB's order but recognized the schools' standing to challenge section 3550's constitutionality.
Representing the petitioners are attorneys Robert A. Escalante from Sheppard Mullin Richter & Hampton LLP along with David A. Schwarz, Jay T. Ramsey, and Alexandra M. Jackson. Respondents are represented by J. Felix De La Torre along with Wendi L. Ross, Joseph W. Eckhart, Jessica S. Kim for PERB; Scott A. Kronland among others for Amici Curiae; Ira L Gottlieb et al., for UTLA Real Party in Interest; presiding over this matter is Judge Bernhard Rohrbacher under Case No: B316745.