Issue link: http://digital.copcomm.com/i/1487796
I N 2 0 2 0 , a school district attorney deposed Katrina Han- son, then president of the Victor Valley Teachers Association (VV TA), as part of a statutory dismissal proceeding against another VV TA member. The attorney questioned Hanson for more than four hours. Over my vigorous objections, the lawyer interrogated the president about her confidential union communications with the member subject to dismissal, other members, and other VV TA representatives regarding VV TA's representation of the member. VV TA filed an unfair practice charge with PERB. Following an evidentiary hearing and briefing by the parties, the judge ruled in VV TA's favor in a proposed decision that closely followed our arguments and found that the district's intrusive questioning of the VV TA president violated California labor law. The dis- trict then challenged the judge's decision with the full PERB Board. VV TA achieved a complete victory. In 2022, in a unanimous published decision by a three-member panel, PERB denied the district's challenge. Importantly, PERB also adopted our proposed legal framework for analyzing whether an employer 's deposition questions unlawfully interfere with protected rights under California's labor relations statutes. Applying that framework, PERB held that the district's deposition questioning of Hanson was unlawful because the district's interest in the information was outweighed by VV TA's and unit members' strong confidentiality interests in those union communications. PERB's remedies included a cease-and-de- sist order, a notice posting, and four hours of attorneys' fees to be paid by the district to the union for time we spent defending the VV TA president's deposition. Although the district appealed PERB's decision to the California Court of Appeal, it recently withdrew its appeal petition, which means that PERB's decision is now final. The decision is an important legal precedent for public sector unions and employees that reaffirms the privacy of union communications and protects against their disclosure in litigation by an employer. All union members should invoke their Weingarten rights when facing an investigatory interview and rest assured that their private conversations with their union representative are confidential. —Richa Amar Victory for Victor Valley Teachers Association! 37 D E C E M B E R 2 0 2 2 / J A N U A R Y 2 0 2 3 Katrina Hanson Dr. Kristen Walker, '20 Doctorate in Educational Leadership (K-12) (805) 493-3325 clugrad@CalLutheran.edu CalLutheran.edu/GSOE Financial Aid and Scholarships Available • Preliminary Administrative Services Credential • M.A. in Educational Leadership • M.Ed. in Teacher Leadership • Doctorate in Educational Leadership (K-12 or Higher Ed) DON'T JUST ADVANCE YOUR CAREER AS AN EDUCATOR. ADVANCE EDUCATION.