UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Other

Single Topic for Decision 2675E

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In finding that charging party engaged in protected activity by volunteering to participate in the
Peer Assistance and Review program, the attached proposed decision relied on Jurupa Unified School District (2012) PERB Decision No. 2283. In that case, a teacher engaged in protected activity by filing complaints under the collective bargaining agreement seeking to enforce the agreement’s evaluation and nondiscrimination provisions. (Id. at p. 16.) Here, charging party was not attempting to enforce the collective bargaining agreement but merely exercising a right provided to her under the agreement. Thus, Oakdale Union Elementary School District (1998) PERB Decision No. 1246, in which an employee engaged in protected activity by exercising her right under the agreement to report workplace safety issues, provides more apt support for the proposed decision’s finding. (p. 10, fn. 7.)