No. 23-5242

Rebecca Wu v. Public Employment Relations Board, et al.

Lower Court: California
Docketed: 2023-07-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment arbitrary-classification constitutional-challenge constitutional-law employee-classification employee-misclassification equal-protection labor-law statutory-interpretation
Latest Conference: 2023-09-26
Question Presented (from Petition)

Is it unconstitutional to have an interpretation of a statute that creates an Arbitrary classification in violation of the constitution of the 14th Amendment?

When an employee is misclassified, claims to be so, and in Wu case recognized by the local union as misclassified (see Appendix H, emails between union president and HR chief) then is is a DUTY of Fair Representation (DFR) to recognize or start the grievance procedure?

Would Wu have constitutional rights to the union and its representation,even as a misclassified public employee wrongly placed outside of the union, (determined Wu was misclassified in Court of Appeals in a related case)?

Do Substitute teachers, one of the Four classification of Teachers in California, belong to the teachers union under Government Code 3545 b.1 from the Blatant

Can California interpret a law that allows for a discretionary review of a classification of a teacher, in this case a substitute teacher and a misclassified teacher, to be interpreted as not in the classification regardless of the clearity of the statute?

If substitutes at a school do not rise up to create their own union are they by default in the teacher union?

Does a Union have a Duty of Fair Representation to represent a misclassified employee, especially if there is clear evidence of it?

Does California violate federal constitutional right to deny the right to file a writ of mandate in Superior court for a denial of an Unfair Practice Claim that goes to the board and is not issued as a UPC with no right to challenged stated in appeal but then can they not have the right to file in Superior court and thus should their past ruling of Firefighters 188 be overturned?

Is it unconstitutional to have an interpretation of a statute that creates an Arbitrary classification in violation of the constitution of the 14th Amendment?

Is it Arbitrary classification of public employees to have one type of public employee not fall under a local union, and thus in violation of the 14th constitution?

Should FireFighters 188 be overturned that limits review for Employment Unfair Practice Charges that get dismissed in Public Employment Relations Board and thus have unlimited rights to challenge a dismissed UPC charge with rights under CCP California Code of Procedures 1085, 1086 that allows for filings challenging agency decisions?

Do unions have the right to Challenge a school district's classification of a teacher when classified as something else, or at least when not given the names as required in a CBA of teachers and start a grievance?

Does the Court of Appeals, that represents a district with state agencies, have to have the required time allotted for oral argument and not half and should it be televised or at least transcribed if there are technical difficulties when there is Oral argument?

Do the School Districts only have the right to classification and not the union to challenge such classification? Would the overall picture of making sure teachers are properly placed in a union and the best interest of the students be a factor in the power that would be given to a union to have that right to challenge a misclassified employee?

SHOULD 3545 b.1 BE COMBINED WITH 3545 a WHERE A COMMUNITY OF INTEREST CAN BE REVIEWED OR TEMPERED TO DETERMINE IF THEY ARE UNDERb?

SHOULD FIREFIGHTERS 188 BE OVERTURNED International Assn, of Fire Fighters, Local 188, AFL-CIO v. Public Employment Relations Bd. (2011) 51 Cal.4th 259, 271 (Fire Fighters).) SHOULD THERE BE LIMITED THREE EXCEPTIONS that allow a writ to

Question Presented (AI Summary)

Is the interpretation of a statute that creates an arbitrary classification unconstitutional under the 14th Amendment?

Docket Entries

2023-10-02
Petition DENIED.
2023-09-07
DISTRIBUTED for Conference of 9/26/2023.
2023-08-23
Waiver of right of respondent Respondent Public Employment Relations Board to respond filed.
2023-08-22
Waiver of right of respondent TWIN RIVERS UNITED EDUCATORS, CTA/NEA, Real Party in Interest to respond filed.
2023-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 28, 2023)

Attorneys

Rebecca Wu
Rebecca Wu — Petitioner
Respondent Public Employment Relations Board
Daniel S. CrossenCalifornia Public Employment Relations Board, Respondent
TWIN RIVERS UNITED EDUCATORS, CTA/NEA, Real Party in Interest
Jacob Fremont RukeyserCalifornia Teachers Association, Legal Department, Respondent