Archive for February 2016


"Isenberg alleged that this agreement unlawfully restrained trade in the relevant legal market. On the day set for trial, Trygstad moved to dismiss the case, arguing that that the Public Employee Relations Board (PERB) had exclusive jurisdiction over Isenberg's claims. The trial court granted the motion, and Isenberg appealed. We hold that the trial court erred in finding that PERB had exclusive jurisdiction over Isenberg's claims." "The trial court erred by dismissing the case for lack of subject matter jurisdiction. The court's dismissal also cannot be affirmed on the alternative basis of the Cartwright Act labor exemption in section 16703. We therefore reverse and remand for further proceedings consistent with this opinion. Isenberg shall recover his costs on appeal."


02 2016

Confessions of a Whistleblower: LAUSD Whistle Blower Protection is a Fallacy by Cheryl Dorsey

This is the story of what happens when someone reports wrong doing by an employer. This story probably plays out daily in an office near you. This is why most go along to get along; but I'm not built that way. The Office of the Inspector General within the Los Angeles Unified School District is an independent investigatory body responsible for investigating fraud, waste and abuse. So, what would you say if the very entity responsible for those investigations was itself engaged in behavior that appeared fraudulent, wasteful and abusive? And what would you say if an employee of the Office of the Inspector General reported what appeared to be abuse only to become the subject of bullying and retaliation? You'd say "that's wrong". Then- what would you say if those in a position of authority tasked with preventing retaliation failed to act? You'd say, "That's outrageous". Welcome to my world.


02 2016


(Mensaje se repite en Español) Scalia's passing at 79 only has sought to accentuate what must be considered the most important issue of the next presidential election later this year: Whoever is elected president with four justices in their late 70's or 80's will more than likely have three or maybe four nominations to the next Supreme Court. And given what has been as much as a 30 year tenure of office for Supreme Court justices, these appointments will control the conservative or liberal direction of the Court.


(Mensaje se repite en Español) In tuning in to the NBC Nightly News the other night I was confronted by the stark images of innocent and starving Syrian civilian children and adults. One of them had managed to upload video through the Internet to an NBC reporter using a solar powered camera. These Syrians only crime seems to have been that they were in the wrong place at the wrong time. In the midst of these and other Russian drone images of now decimated Syrian cities and humanity, I could not help finding reminiscence of what seemed to be the identical images that had come out over 70 years ago during the liberation of concentration camps filled with equally emaciated Jews at the end of WWII. Doesn't our species ever learn?


Joshua Pechthalt.jpg
(Mensaje se repite en Español) Josh Pechthalt's career has always come before the teachers he supposedly has a fiduciary duty to defend. But when it comes to union leadership at the local, state, and national levels, regrettably this is not exceptional. Back on July 7, 2011 I drafted the following email to UTLA's Josh Pechthalt to memorialize issues that he and I had talked about, which that had come up during the process of LAUSD's move to fire me based on clearly fabricated charges. The real reason was that I was a whistle blower who had reported to the L.A. Times Reporter Mitchell Landsberg that LAUSD was graduating and giving valid diplomas to students with low elementary school levels in Math and English, whose CAHSEEs had clearly been fixed. While all this was going on my union UTLA refused to defend me, unless I went with their attorneys Trygstad, Schwab & Trygstad. They did agree to come up with $15,000...but only if I went to their attorneys Trygstad, Schwab & Trygstad and not an attorney of my own choice. Josh Pechthalt kept saying he would get back to me on the issues I was raising, memorialized back in 2011 in the following email. But as of this writing almost 5 years later, I have heard nothing from Josh Pechthalt or anybody else at UTLA. So after reading the following, you must ask yourself a question: Do you really want to give the morally challenged folks running UTLA, CFT, AFT, and CTA as their own cash cow more dues, when it is clear that they have and continue to do nothing to stop the premediated attack on teachers, over 90% of whom are at the top of the salary scale.