Decision 0689E – Palo Verde Unified School District
LA-CE-2313
Decision Date: June 30, 1988
Decision Type: PERB Decision
Perc Vol: 12
Perc Index: 19121
Decision Headnotes
501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case
501.01000 – In General; Elements of Prima Facie Case
Prima facie case of discrimination requires a showing of adverse action, citing in part Wright Line. Objective test applied to determine whether Districts action result in an injury to the employee.
1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.07000 – Administrative and Judicial Notice
1105.07000 – Administrative and Judicial Notice
Board relies in part on evidence from an earlier Board case (without calling it Administrative or Judicial Notice).
503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General
503.01000 – In General
Objective test applied to determine whether District's action resulted in an injury to the employee.
505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.11000 – Legitimate Business Purpose/Business Necessity
505.11000 – Legitimate Business Purpose/Business Necessity
In face of threat of a teacher's strike, District has inherent interest in preserving security of its facilities and protecting integrity of its managerial communications and is sufficient to justify relocating office of union activist.