Just as I suspected: Emma Leheny is back as CTA chief counsel!

CAROLYN DOGGETT AND PRISCILLA WINSLOW OUT, EMMA LEHENY IN

CTA head counsel Emma Leheny

The California Teachers Association's website has (once again) been changed to say, "The Legal Services Division is directed by Chief Counsel Emma Leheny."

Emma Leheny recently stepped away from the helm of CTA's Legal Services, apparently during some kind of a power play by Priscilla Winslow (perhaps with the assistance of former head counsel Beverly Tucker and her supporter, executive director Carolyn Doggett?)

It looks like Governor Jerry Brown stepped in to help. He appointed Priscilla Winslow to PERB, the Public Employee Relations Board. Now that Winslow has gone to PERB, Emma Leheny has resumed her position.

Why do I think Executive Director Carolyn Doggett may have supported Priscilla Winslow?

First, the two have worked together as Executive Director and Associate Director of CTA for the past couple of years.

Second, Doggett has a very long history of supporting her cronies, such as former chief counsel Beverly Tucker, even when they were engaged in illegal actions. Doggett, Tucker and Winslow are the power trio of the old guard. I'm sure Beverly Tucker's political connections are still strong. Emma Leheny obviously had trouble with the old guard, even though she has worked with them on several cases over the years, before coming to work for CTA. (I don't consider people like Dean Vogel, the president, to have much power at all, so I don't blame Vogel for the tumult. Besides, he's a nice guy.)

Third, Carolyn Doggett is finally going to release her grip on the Executive Director position at CTA. She's retiring in June 2013. I suspect she wanted to leave her cronies in charge.

Fourth, Emma Leheny and the old guard were bound to come into conflict simply because Emma has spent her entire legal career in the real world, not in the cocoon of CTA, where all the favored cronies are protected from consequences of wrongdoing by the enormous power of CTA. In fact, at CTA ethics is defined as not blowing the whistle, no matter what happens. More than one official has told me it would be unethical to report wrongdoing, including crimes. Emma is more aware of the threats presented by the real world to lazy, overconfident union lawyers. Carolyn Doggett

Carolyn Doggett announces retirement
California Educator
Volume 17 Issue 4
December 2012

CTA Executive Director Carolyn Doggett announced she will retire in June 2013, closing a 45-year career in public education...

Attorney Priscilla Winslow of CTA appointed to California PERB board

Update Feb. 19, 2013:Emma Leheny is back as head counsel at CTA!

In a surprising twist, it seems that soon after replacing Emma Leheny as the top person in the legal division of CTA (California Teachers Association), Priscilla Winslow is herself leaving CTA to become a member of the Public Employee Relations Board. Unless, that is, PERB is going to give up all pretense of being independent of CTA, and is planning to have a CTA lawyer actually make decisions for PERB.

There is actually no evidence that Emma Leheny left CTA, only that she left the position of head counsel.

Eric Banks has also been appointed to the PERB board.

GOVERNOR BROWN ANNOUNCES APPOINTMENTS
2-1-2013
CA.gov

SACRAMENTO – Governor Edmund G. Brown Jr. today announced the following appointments.

...Priscilla Winslow, 60, of Berkeley, has been appointed to the California Public Employment Relations Board, where she has served as legal advisor since 2012.

She was assistant chief counsel at the California Teachers Association from 1996 to 2012. Winslow was managing partner at the Law Offices of Winslow and Fassler from 1988 to 1996 and was solo practitioner at the Law Offices of Priscilla Winslow from 1986 to 1988. She was an adjunct professor at New College of California from 1984 to 1993 and was associate attorney at Boltuch and Siegel from 1984 to 1986.

Winslow served as a temporary staff attorney at the California Teachers Association from 1983 to 1984 and was legal advisor to the chair of the California Public Employment Relations Board from 1979 to 1983. She was staff counsel for the National Treasury Employees Union from 1978 to 1979 and chief counsel for the Clerical and Allied Services Employees Union from 1977 to 1978. Winslow is a member of the American Constitution Society and the Labor and Employment Law Section of the State Bar.

She earned a Juris Doctorate degree from the University of California, Davis School of Law. This position requires Senate confirmation and the compensation is $128,109. Winslow is a Democrat.

...Eric Banks, 41, of San Diego, has been appointed to the California Public Employment Relations Board. Banks has been partner at TenPageMemo LLC since 2013. He served in multiple positions at the Service Employees International Union, Local 221 from 2001 to 2013, including advisor, president and director of government and community relations. Banks was policy associate for state government affairs at the New York AIDS Coalition from 2000 to 2001. He worked in multiple positions at the Southern Tier AIDS Program from 1993 to 2000, including director of client services, assistant director of client services and case manager. This position requires Senate confirmation and the compensation is $128,109. Banks is a Democrat...

Ten Page Memo, LLC

Eric Banks is strategic advisor to the president of the Service Employees International Union, Local 221, representing public employees in San Diego and Imperial Counties. Before being elected as president Eric served as the Local 221's director of government and community relations. Born into a family of trade unionists, he has a deep passion for the rights of working men and women.

Eric moved to San Diego in 2001 from Albany, NY, where he worked as the policy associate for the New York AIDS Coalition (NYAC). Based in the State Capitol of New York, he was responsible for representing more than 250 AIDS organizations across the State. Eric spent over a decade working at the Southern Tier AIDS Program (STAP), directing case management, treatment education and housing services for people living with HIV/AIDS across eight counties in Upstate New York.

Fagen, Friedman Fulfrost loses PERB case for Jurupa Unified School District

PERB decision against Jurupa Unifed (represented by Fagen, Friedman, Fulfrost) in the case of Ermine Nelson
See also CTA indemnifies Jurupa Unified (!?!)

STATE OF CALIFORNIA PUBLIC EMPLOYMENT RELATIONS BOARD

ERMINE FREDRICA NELSON,
Charging Party,
v.
JURUPA UNIFIED SCHOOL DISTRICT,
Respondent.

UNFAIR PRACTICE
CASE NO. LA-CE-5517-E

PROPOSED DECISION
(3/16/2012)

Appearances: Richard Ackerman, Attorney, for Ermine Fredrica Nelson; Fagen Friedman &Fulfrost, LLP, by Kerrie Taylor, Attorney, for Jurupa Unified School District.
Before Eric J. Cu, Administrative Law Judge.

...[I]t is found that the Jurupa Unified School District (District) violated the Educational Employment Relations Act (Act), Government Code section 3543.5(a). The District violated the Act by informing Ermine Fredrica Nelson that her employment with the District had been terminated effective March 3, 2010 in retaliation for her participation in protected activity.

Pursuant to section 3541.5(c) of the Government Code, it hereby is ORDERED that the District, its governing board and its representatives shall:

A. CEASE AND DESIST FROM:

1. Retaliating against Ermine Fredrica Nelson by inaccurately informing her that her employment with the District had been terminated.

B. TAKE THE FOLLOWING AFFIRMATIVE ACTIONS DESIGNED TO EFFECTUATE THE POLICIES OF THE ACT:

1. Within ten (10) working days following the date this Decision is no longer subject to appeal, rescind the September 15, 2010 letter issued to Nelson.

2. Within ten (10) workdays of the service of a final decision in this matter, post at all work locations where notices to certificated employees in the District customarily are posted, copies of the Notice attached hereto as an Appendix. The Notice must be signed by an authorized agent of the District, indicating that it will comply with the terms of this Order.

Such posting shall be maintained for a period of thirty (30) consecutive workdays. Reasonable steps shall be taken to ensure that the Notice is not reduced in size, altered, defaced or covered with any other material.

Jurupa School District and CTA lose another case

The teachers union has a bizarre agreement with the Jurupa School District: if a teacher sues, the union will pay all the district's expenses!!!

Naturally, ordinary teachers aren't represented by the union (although I'm sure that the deal includes special treatment for union officials and their pals).

Here's the latest from Lenore Boykin:

The decision arrived today, Ermine Nelson WON her PERB complaint against
JUSD... details to come later. JUSD was found to be in violation of the
EERA, a law. The Union did not even go to the hearing.

[Note to Jurupa employees:] Look for postings at your JUSD job site regarding retaliation for filing grievances or complaints; it is ordered by PERB! The notice should be signed by Tamara Sue Elzig or by Elliott Duchon; it is ordered by PERB! The postings must remain in place, not reduced in size, for a MINIMUM of 30 days.

Stokley of The Press Enterprise NEVER reports wins against JUSD. I won my
Writ of Mandamus,(RIC 10019006), against JUSD in December, 2011, which the
Union did not attend either, but Stokley never reported that. I was even
told by the Union President, John Vigrass, that I was in no way employed by
JUSD although a Superior Court Judge ordered my reinstatement. Ed Sibby,
our CTA liason, did even less. Who does the Union really help?...

It is also glaringly apparent that the Union should have taken the district
to task rather than leave the work to a private attorney. That must be why
PERB exists. I don't know why the union does any more.

Lenore Boykin