Decision 0500E – Santa Clara Unified School District
SF-CE-674
Decision Date: April 11, 1985
Decision Type: PERB Decision
Perc Vol: 9
Perc Index: 16116
Decision Headnotes
504.02000 – Disparate Treatment
Disparate treatment where other comparably-qualified teachers offered assignments at high school, while charging party reassigned to jr. high.
504.03000 – Departure from Past Practices or Procedures
Reassignment inconsistent with prior actions in planning and implementing reductions.
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Second reassignment, shortly after employee prevailed on grievance over earlier reassignment, was discriminatory.
1400.02000 – Employer Responsibility
Not necessary to show that personnel manager, who exercised limited review under special circumstances, harbored discriminatory animus where school principal was the effective decision-maker.
1201.07000 – Private Agreements Concerning Reinstatement and Backpay
Parties free to arrive at own settlement, with PERB's approval, as alternative to order.
1201.02000 – Reinstatement
Reinstatement to be delayed if respondent can show that position would not presently be available in normal course of events.
1108.01000 – In General
Reinstatement to be delayed if respondent can show in compliance that position would not presently be available anyway in normal course of events; parties, with PERB's approval, may arrive at settlement as alternative to order.
1105.14000 – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements
Witness' credibility discounted due to evasiveness, improbable memory lapses and failure to explain inconsistencies in testimony.
Evidence of projected enrollment and course planning does not support need for reassignment; charging party qualified to teach available courses at present site and seniority provisions of contract do not justify failure to offer them to charging party.
501.02000 – Burden of Proof; Evidence
ALJ properly applied standards as enunciated in Novato No. 210, including allocation of burden of proof.
501.01000 – In General; Elements of Prima Facie Case
ALJ properly applied standards as enunciated in Novato No. 210.
300.05000 – Grievances
Attempts to enforce negotiated terms, including the filing of grievances, protected.
300.04000 – Individual/Concerted/Activities/Self-Representation
Concerted activities relating to terms and conditions of employment protected.
101.03000 – NLRA/LMRDA Precedent
Construction of similar or identical provisions of the NLRA may be used to guide interpretation of the EERA.
504.11000 – Availability of Work
Charging party reassigned despite qualifications to teach available courses at present site.
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
Charging party offered no explanation when reassigned; reassignment inconsistent with circumstances related to projected enrollment and course planning.
504.06000 – Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
Charging party reassigned despite excellent work record and qualifications to teach available courses at present site.
504.04000 – Timing of Action
Timing of second reassignment, shortly after employee prevailed on grievance over earlier reassignment, is evidence of unlawful motivation.