Decision 0622E – Riverside Unified School District
LA-CE-2112, 2130, 2134, 2143
Decision Date: June 11, 1987
Decision Type: PERB Decision
Perc Vol: 11
Perc Index: 18107
Decision Headnotes
504.03000 – Departure from Past Practices or Procedures
Deviation from past practice adequately explained and justified.
504.02000 – Disparate Treatment
No disparate treatment where no one similarly situated.
404.02000 – Statements
No threat in view of surrounding circumstances.
405.02000 – Express or Implied Threats
No threat in view of surrounding circumstances.
504.04000 – Timing of Action
Timing alone insufficient.
504.08000 – Cursory Investigation
No evidence of cursory investigation; pp. 61-62, proposed dec.
504.12000 – Employer Statements or Conduct; Threats
No threat at meeting when employer told employee that if he did not accept change in starting time, some one else would be obtained to perform the job; pp. 47-48, proposed dec.
504.13000 – Unusually Harsh Treatment
Harsh treatment (dismissal) justified by employee's misconduct. No evidence that similar recommendations had not been rendered in past; p. 64, proposed dec.
505.03000 – Misconduct
Adverse actions in response to employee misconduct, not to protected activity; pp. 62, 65 and 67, proposed dec..
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
Deference given to ALJ's credibility determinations.