It was brought to UPEC's attention that Glenn County Superior Court promoted the only nonmember employee over much better qualified union members.
Staff Representative Barbara Ramey conducted an investigation and confirmed that the two members who were passed over for the promotion were much better qualified that the selected employee. While such decisions are normally a management discretion issue, in this case the two passed over employees are UPEC activists and clearly known to court management in that capacity.
These circumstances are a clear example of retaliation for Union activity. The remedy lies with the Public Employment Relations Board (PERB) in Sacaramento. PERB is responsible for enforcing the California bargaining law for court employees including the statutory provision that makes it unlawful to retaliate against employees for Union activity. The charge has been filed with PERB. If accepted, a hearing will occur and PERB will render a decision that is binding on the parties. Although unfortunate for the promoted employee if the requested remedy is granted, it is appropriate to vacate the recent promotion and to select one of the better qualified employees.