California Virtual Academies v. California Public Employment Relations Board

In making a determination as to whether a charging party has established its “prima facie case” of unlawful retaliation due to union activity according to the standard set forth by the National Labor Relations Board in Wright Line, A Div. of Wright Line, Inc. (1980) 251 NLRB 1083 (“Wright Line”), may California’s Public Employment Relations Board (“PERB” or the “Board”), directly applying the Wright Line test to retaliation cases brought under California’s Educational Employee Relations Act, postpone its consideration of employer evidence that tends to contradict the charging party’s “prima facie case” until after the burden of proof has shifted to the employer to prove, by a preponderance of the evidence, that the employer would have taken the same course of action regardless of the employee’s protected activity?