All notes for Subtopic 504.03000 – Departure from Past Practices or Procedures
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2865E | Mt. San Jacinto Community College District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures The Board finds departure from established procedures when an employer takes an adverse action in a way that is inconsistent with the way it normally goes about doing so. (Lake Elsinore Unified School District (2019) PERB Decision No. 2671, p. 7.) We may infer unlawful motive from a respondent’s departure from existing practices in its dealings with the charging party. (Garden Grove Unified School District (2009) PERB Decision No. 2086, adopting dismissal letter at p. 4.) To establish such an inference, the charging party must demonstrate what the respondent’s practice is and how the respondent deviated from that practice. (Ibid.; Los Angeles Unified School District (2014) PERB Decision No. 2390, pp. 11-12 & adopting proposed decision at p. 16.) In the instant matter, the Board found the District departed from established procedures in several ways when it removed Gibbons and Firtha as chairs, refused to recognize their reelection, and assigned them to Introductory Chemistry for the Fall 2020 semester. (pp. 29-30.) more or view all topics or full text. | 48 | 15 | 06/28/23 |
| 2806E | * * * JUDICIAL APPEAL PENDING * * * Visalia Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Where an employer likely would not have undertaken an investigation (here, the District’s full-scale audit) absent protected activity, it is generally precluded from relying on information it would not have otherwise uncovered. (p. 24.) more or view all topics or full text. | 46 | 115 | 02/07/22 |
| 2804E | South Orange County Community College District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures The Office of the General Counsel found that neither the allegation that Charging Party did not receive progressive discipline nor the allegation that acting vice chancellor of human resources lied about the policy allowing the school district to place Charging Party on unpaid administrative leave pending her due process hearing showed a departure from established procedures. Given the lack of allegations in the amended charge as to the school district’s existing disciplinary or administrative leave procedures, the Board agreed that Charging Party failed to allege a departure from established procedures. (p. 13.) more or view all topics or full text. | 46 | 111 | 01/28/22 |
| 2704H | Regents of the University of California 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures The Board disallowed University from relying on evidence that Charging Party was dishonest during a service call because that evidence came to light only because of supervisor’s discriminatory departure from practice. (p. 35.) more or view all topics or full text. | 44 | 158 | 04/14/20 |
| 2704H | Regents of the University of California 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Some cases have interpreted City of Santa Monica (2011) PERB Decision No. 2211-M, to stand for the proposition that the failure to interview an employee before taking adverse action is evidence of unlawful motive only if the employer routinely interviews employees under such circumstances. This is incorrect. “Departure from established practice” is a distinct indicium of unlawful motive. “Departure from established practice” and “cursory investigation/disproportionate punishment” are not necessarily interrelated. Thus, regardless of whether an employer routinely interviews employees before taking adverse action, failing to do so indicates unlawful motive where it reveals an employer’s disinterest in whether misconduct truly occurred. In City of Santa Monica, it was because the employer had a video recording of the misconduct that its failure to interview the employee did not show a cursory investigation. The fact that the employer did not have a practice of conducting interviews before releasing employees from probation defeated the claim that it departed from established practices. (p. 26, fn. 6.) more or view all topics or full text. | 44 | 158 | 04/14/20 |
| 2704H | Regents of the University of California 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Supervisor deviated from his established procedures with Charging Parties when he initiated a disciplinary investigation. We may infer unlawful motive from a respondent’s departure from existing practices in its dealings with the charging party. To establish such an inference, the charging party must demonstrate what the respondent’s practice is and how the respondent deviated from that practice. Here, supervisor had a practice of reviewing plumbers’ time entries and on-call punches daily, making edits as necessary. He regularly made edits because of plumbers’ errors and did not initiate discipline for such errors. Instead, he contacted plumbers to reconcile inconsistencies in their time records and correct mistakes. Thus, supervisor broke with his customary practice when he did not contact Charging Parties about their unusual timecard punches to ask why they had punched call-back twice. This is probative of unlawful motive because supervisor had good reason to know that there were unusual circumstances and confusion on the hectic days in question, immediately following Thanksgiving. (pp. 23-24.) more or view all topics or full text. | 44 | 158 | 04/14/20 |
| 2671E | Lake Elsinore Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures With no evidence to support charging party’s claimed past practice, charging party failed to prove the employer departed from established procedure or policy. (p. 7.) more or view all topics or full text. | 44 | 72 | 09/27/19 |
| 2675E | Lake Elsinore Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Administrator’s admission that he did not hold a pre-observation conference with teacher as required by the collective bargaining agreement and that he gave her an unsatisfactory mark on her evaluation without a second observation, which may have been contrary to the collective bargaining agreement, were departures from established procedures that may have indicated unlawful motivation. (Adopting proposed decision at pp. 52-53.) more or view all topics or full text. | 44 | 78 | 10/17/19 |
| 2622E | Cabrillo Community College District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures When an employer initiates an investigation into an employee’s conduct prior to any knowledge of the employee’s protected activity and follows its customary practices in the investigation, it is difficult to demonstrate pretext, absent other factors raising an inference of unlawful motivation. However, retaliation may be shown if the employer alters its investigation practices or related employment decision in response to any intervening protected activity. (p. 7.) Here the District began its investigation before it learned of the employee’s protected activity and the evidence shows the protected activity did not influence the conduct or result of its investigation. (pp. 8-9.) more or view all topics or full text. | 43 | 126 | 02/04/19 |
| 2603M | City of Yuba City 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Inconsistency of employer’s action with its previously stated goals is not evidence of unlawful motive when the inconsistency was introduced before the protected activity. more or view all topics or full text. | 43 | 90 | 12/12/18 |
| 2584E | California Virtual Academies 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Unexplained involvement of charter school network’s head of schools in the decision-making process suggested unlawful motive. more or view all topics or full text. | 43 | 54 | 09/21/18 |
| 2458E | Jurupa Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures The District’s abrupt order to charging party in the middle of her instructional period to attend an investigatory meeting regarding students’ complaints, and an exaggerated response to a routine request over a simple issue, support a finding of nexus. more or view all topics or full text. | 40 | 75 | 10/23/15 |
| 2494M | City of Davis 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Discrimination not proved where City denied union president’s same-day vacation request when no employee was similarly situated to the union president. The City departed from past practice or procedure when it issued a performance improvement plan that threatened employee with discipline if he did not meet the required standards listed therein, when the City did not normally include such disciplinary language in its PIPs. more or view all topics or full text. | 41 | 33 | 06/30/16 |
| 2452E | Hartnell Community College District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Charging party did not allege sufficient facts to demonstrate that he was entitled to probationary status, and corresponding pre-termination procedural rights, under the Education Code, or that employer departed from established procedure, where charging party alleged only that he was “offered” additional work, but did not specify the relevant time period of this offer, how much additional work was offered, or whether he accepted the offer, so that it was unclear whether he had worked sufficient time in consecutive semesters to qualify for due process protections under Education Code at the time of his termination. more or view all topics or full text. | 40 | 56 | 09/04/15 |
| 2453E | Cabrillo Community College District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Along with suspicious timing, facts establishing one or more of the following factors must also be present for a prima facie case: (1) the employer’s disparate treatment of the employee (2) the employer’s departure from established procedures and standards when dealing with the employee; (3) the employer’s inconsistent or contradictory justifications for its actions; (4) the employer’s cursory investigation of the employee’s misconduct; (5) the employer’s failure to offer the employee justification at the time it took action or the offering of exaggerated, vague, or ambiguous reasons; (6) employer animosity towards union activists or employees engaged in protected conduct; or (7) any other facts that might demonstrate the employer’s unlawful motive. more or view all topics or full text. | 40 | 57 | 09/17/15 |
| 2420E | Jurupa Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Employer action is not evidence of discriminatory motivation when there is no evidence that, subsequent to charging party engaging in protected activities, the employer’s actions and handling of discipline differed from that prior to his protected activity, or when there is no evidence that the employer’s handling of charging party’s discipline differed from that of any other similarly-situated employee. Consistent violations of the Education Code before and after charging party’s protected activity that allegedly demonstrated a lack of just cause or procedural violations would not, by themselves, indicate improper motivation because of protected activity. Employer’s premature attachment of student complaints to summary of allegations against charging party, when it is the employer’s policy and practice not to provide written complaints to employees until the employee is going to a dismissal hearing, did not demonstrate that the employer predetermined the outcome of its investigation of charging party, and do not constitute circumstantial evidence of causal nexus between charging party’s protected activity and the employer’s termination of his employment. The employer benefitted charging party by giving him the statements along with the summary of allegations. An employer’s conduct that departs from past investigatory practice, but which inures to an employee’s benefit, is not evidence of unlawful motivation. Additionally, there is no basis to conclude that charging party was prevented from responding to this summary of allegations. District’s failure to provide a full evidentiary hearing prior to the District’s decision to initiate dismissal proceedings against a permanent certificated employee, failure to provide prior notice that the board was going to vote over whether to issue a notice of intent to terminate charging party’s employment, and District’s refusal to permit employee to address a school district governing board prior to its vote over the intent to impose discipline, were not evidence of unlawful motivation. When District’s maintenance of employee site files and investigation files, separate from the official personnel file, is the District’s regular practice, and when charging party was afforded the opportunity to review these files, there is no indication of departure from past practice. more or view all topics or full text. | 39 | 141 | 04/23/15 |
| 2390E | Los Angeles Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures The relevant inquiry in a nexus analysis is whether the District deviated from an established policy or treated the charging party differently from other similarly situated employees. more or view all topics or full text. | 39 | 34 | 08/26/14 |
| 2221E | Chula Vista Elementary School District * * * OVERRULED IN PART by Bellflower Unified School District (2017) PERB Order No. Ad-447 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures * * * OVERRULED IN PART ON OTHER GROUNDS by Bellflower Unified School District (2017) PERB Order No. Ad-447. * * *Although retired teacher status was an explicit qualification for the support provider positions in the Beginning Teacher Support and Assessment (BTSA) Induction Program pursuant to the BTSA guidelines, the school district removed this qualification in its vacancy notice, opening the hiring process to school district employees only, thereby disqualifying charging party from the selection process; this departure from past practice constituted circumstantial evidence of unlawful motive. more or view all topics or full text. | 36 | 88 | 11/23/11 |
| 2267M | County of Santa Clara * * * OVERRULED IN PART by Los Angeles Unified School District (2016) PERB Decision No. 2479 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures * * * OVERRULED IN PART ON OTHER GROUNDS by Los Angeles Unified School District (2016) PERB Decision No. 2479. * * *Failure to disclose basis for employer’s doubts about veracity of employee’s statements does not demonstrate disparate treatment, departure from standard procedures, or failure to justify. more or view all topics or full text. | 37 | 6 | 05/25/12 |
| 2235E | Santa Ana Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Statement in notice of unsatisfactory teacher performance that “Should additional unsatisfactory performance report(s) be submitted…you may be released from employment as a Substitute Teacher” did not mean that employee would be discharged only if he received another unsatisfactory report, where nothing in report indicated that employee could not be terminated for conduct other than the receipt of a second unsatisfactory report. more or view all topics or full text. | 36 | 119 | 02/07/12 |
| 2241E | Lake Elsinore Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures District did not depart from established policies and procedures by not reelecting probationary employee despite satisfactory performance evaluations, where other employees with satisfactory performance evaluations were also not reelected and performance evaluations were not the only source of information used by the District in making re-election decisions. more or view all topics or full text. | 36 | 129 | 02/27/12 |
| 2090M | County of Riverside * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures * * * OVERRULED IN PART ON OTHER GROUNDS by Walnut Valley Unified School District (2016) PERB Decision No. 2495. * * *Factors that support a finding of nexus include the employer’s departure from established procedures and standards, its cursory investigation of the employee’s alleged misconduct, and its failure to offer any justification for its actions. County failed to establish any legitimate justification for the issuance of a memo changing working conditions; decision to reassign employee and the imposition of new and onerous restrictions on his working conditions were taken in retaliation for employee’s exercise of protected rights. more or view all topics or full text. | 34 | 45 | 12/31/09 |
| 2086E | Garden Grove Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Charging party failed to establish that the employer departed from past practices or procedures by denying her request to be evaluated by someone other than the human resources office, where she failed to establish evaluation process. more or view all topics or full text. | 34 | 25 | 12/28/09 |
| 2061E | Oakland Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures The district departed from established procedures by failing to notify the employee of the date of the job abandonment hearing. more or view all topics or full text. | 33 | 153 | 09/10/09 |
| 1996M | Omnitrans 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Employer did not depart from past practice when it required employee to give 24 hours advance notice of request for time off to conduct union business, whether such leave was covered by the contract or not, but did depart from practice when it disciplined another employee for failure to provide 48 hours notice, where current policy and practice required only 24-hour notice. Evidence established that parties had a longstanding past practice of requiring 24-hour notice. Contract provisions did not alter past practice requiring notice. more or view all topics or full text. | 33 | 26 | 12/19/08 |
| 2038H | Trustees of the California State University * * * OVERRULED IN PART by Visalia Unified School District (2022) PERB Decision No. 2806 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures * * * OVERRULED IN PART ON OTHER GROUNDS by Visalia Unified School District (2022) PERB Decision No. 2806. * * *Employer did not fail to follow established procedures for reclassifying a position. The employer decided against the reclassification before it was final and therefore was not required to complete all of the steps necessary for the reclassification. more or view all topics or full text. | 33 | 106 | 06/11/09 |
| 2039M | Calaveras County Water District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures No right to union representative was established because no investigatory meeting was scheduled. more or view all topics or full text. | 33 | 110 | 06/19/09 |
| 1993E | Baker Valley Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Employer’s failure to give written notice of termination/nonrenewal when it verbally sought resignation of two teachers in lieu of involuntary separation did not establish a departure from past practice or procedure. Employer routinely offered teachers the option to resign without providing a written notice of nonrenewal and therefore did not single out the two teachers for different treatment because of their protected activity. more or view all topics or full text. | 33 | 23 | 12/19/08 |
| 1965E | Oakland Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures The employer's failure to follow established procedures in charging party's dismissal are numerous. The District sent two identical letters a month apart offering charging party the opportunity for a hearing. The employer contends it scheduled a hearing but did not notify charging party of the date of the hearing. The employer allegedly held the hearing but cannot identify exactly when it was held and the parties agree that charging party was not present. There are no written conclusions or findings that resulted from the hearing. Finally, there is no final notice of termination. more or view all topics or full text. | 32 | 107 | 06/26/08 |
| 1849M | County of Santa Cruz 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Charging party failed to allege nexus for layoff determination as it was undisputed that the doctor was the least senior physician and was therefore slated to be laid off consistent with the prior MOU and the County’s past practice. more or view all topics or full text. | 30 | 151 | 08/16/06 |
| 1758S | State of California (Board of Prison Terms) 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures No retaliation or bad faith bargaining where State had right to change portal to portal policy under entire agreement clause. Where no information to show State was not in ongoing negotiations for successor agreement, no impasse declared and no flat refusal to bargain, lack of response to date on one proposal did not establish violation of Dills Act. more or view all topics or full text. | 29 | 103 | 03/24/05 |
| 1714E | Simi Valley Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Before October 2001, when the Association challenged the independent study program, the teacher and the principal had a good professional relationship; after that period, the principal visited the teacher’s classroom at least 40 times for 10 or more minutes from the adjoining classroom without explanation or greeting more or view all topics or full text. | 29 | 19 | 11/29/04 |
| 1674E | Fresno County Office of Education 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures There was sufficient evidence of nexus through the timing of the transfers, the varying justifications given for the transfers, the suspect investigation and results of the “employee lounge incidents” reported by Nolt and Allison as witnesses, and management’s statements at staff assemblies denouncing union leadership. more or view all topics or full text. | 28 | 219 | 08/19/04 |
| 1555E | San Jose Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Allegation that District departed from established seniority system in determining layoff order is a factor establishing nexus. more or view all topics or full text. | 28 | 12 | 11/10/03 |
| 1469E | Los Angeles Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Report of employee's activities at staff meeting at request of supervisor consisted of trivial complaints which would not be noticed or reported unless requested by supervisor and amounted to spying which was not an established personnel practice. more or view all topics or full text. | 26 | 33023 | 11/29/01 |
| 1439E | Sweetwater Union High School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Although alleged adverse action closely followed charging party's protected activity [participation in a meeting with union representative], no retaliation where employer placed employee on administrative leave and pay pending investigation because such action was consistent with employer's policy. more or view all topics or full text. | 25 | 32072 | 05/22/01 |
| 1412E | Alisal Union Elementary School District * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures * * * OVERRULED IN PART ON OTHER GROUNDS by County of Santa Clara (2017) PERB Decision No. 2539-M. * * *District's denial of employee's right to address Board of Trustees regarding the complaint and prematurely issuing the letter of reprimand departed from District procedure. more or view all topics or full text. | 25 | 32007 | 10/10/00 |
| 1403S | State of California (Department of Youth Authority) 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures No showing of disparate treatment of the employee, because choice of the investigatory level was made by the IAU. Given employee's litigious background, prior adverse actions, and multiple complaints to various high level CYA administrators, it is reasonable that the IAU would want to assure itself that the investigation was conducted by trained professionals, rather than the local part-time investigators. Weak showing of inadequate investigation prior to initiating the IAU investigation, supports, to some extent, an inference of unlawful motivation. No credible evidence with regard to any (1) inconsistent explanations of the employer's action or (2) departure(s) from established procedures or standards. After balancing the competing interests of the employer and the rights of the employee, the Board found little, if any, evidence that such conflicts between employee and her supervisors were the result of her protected activities. more or view all topics or full text. | 24 | 31146 | 09/12/00 |
| 1348E | Los Rios College Federation of Teachers (Deglow) 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Union's failure to file grievance not disparate treatment because the CBA Specifically envisions the situation presented in this case and permits individual grievants to proceed without Federation assistance. Accordingly, charging party has failed to establish that her protected activity motivated the federation's decision not to challenge her assignment to teach a certain course. more or view all topics or full text. | 23 | 30168 | 09/29/99 |
| 1349E | Los Rios College Federation of Teachers (Deglow) 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Union's failure to file grievance not disparate treatment because the CBA Specifically envisions the situation presented in this case and permits individual grievants to proceed without Federation assistance. Accordingly, charging party has failed to establish that her protected activity motivated the federation's decision not to challenge her assignment to teach a certain course. more or view all topics or full text. | 23 | 30169 | 09/29/99 |
| 1350E | Los Rios College Federation of Teachers (Deglow) 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures A finding of disparate treatment is a finding that others have been treated differently for similar or identical conduct or in a similar situation. Union's pursuit of other grievances under the same article not disparate treatment unless facts underlying the grievances are the same. (See, e.g., Belridge School District (1980) PERB Decision No. 157.) more or view all topics or full text. | 23 | 30170 | 09/29/99 |
| 1331E | Pasadena Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures The District did not depart from established practice when it removed a substitute teacher from the District's substitute teacher list because he refused to answer questions regarding two serious complaints against him; p. 4, warning letter. The employer had provided specific reasons for the adverse action and did not provide vague and ambiguous reasons when it provided that "[the employee's] refusal to respond is an act of insubordination designed to circumvent the district's obligation and responsibility to conduct an investigation into allegations of wrongdoing"; p. 4., warning letter. A charge which fails to demonstrate the requisite nexus between the adverse action and the charging party's protected activities does not state a prima facie violation of the EERA; p. 5, warning letter. more or view all topics or full text. | 23 | 30118 | 05/13/99 |
| 1300E | Los Angeles Unified School District (Seliga) 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures District did not depart from established procedures where District's actions where collective bargaining agreement contemplates District's actions; pp. 2-3, dismissal letter. more or view all topics or full text. | 23 | 30015 | 11/24/98 |
| 1298E | Mountain Empire Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures District deviated from established procedures when it failed to place employee on the master schedule without apparent reason; p. 3. District departed from established procedures when it undertook a mid-term modification of the junior high school's Title I program without holding a site council meeting; pp. 3-4. more or view all topics or full text. | 23 | 30011 | 10/30/98 |
| 1263H | Regents of the University of California (University Professional and Technical Employees) 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Evidence that disciplinary letter and employee's suspension and medical separation were retaliatory included timing, disparate treatment, departure from standard procedures; and exaggerated justification; pp. 55-67. more or view all topics or full text. | 22 | 29090 | 04/28/98 |
| 1253E | San Francisco Unified School District (Patterson) 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures No nexus found where charging party's reading of her bumping rights was not consistent with the language of the Rule. Nor did charging party provide evidence that anyone had exercised bumping rights in the manner she described them. Nor was any other nexus information provided. more or view all topics or full text. | 22 | 29064 | 03/20/98 |
| 1159H | Regents of the University of California (Higgins) 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures The employer may investigate charging party's conduct pursuant to its rules as it would investigate the conduct of any other employee alleged to have engaged in misconduct; p. 2, warning letter. The charge fails to present facts which suggest that the employer departed from the rules established for the investigation of complaints alleging discrimination based on sex; p. 3, warning letter. more or view all topics or full text. | 20 | 27112 | 06/18/96 |
| 1148H | Regents of the University of California (Dehler) 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures The charging party does not establish that the University acted contrary to the collective bargaining agreement; p. 2, dismissal letter. more or view all topics or full text. | 20 | 27075 | 04/12/96 |
| 1091E | Los Angeles Community College District (Mrvichin) 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures District departed from its policy by failing to complete the sexual harassment investigation and terminate Mrvichin via Notice of Unsatisfactory Performance. The district never consulted with the appropriate administrators in preparing the notice granting of a student's grade change request after a cursory investigation is also considered evidence of failure to follow policy. more or view all topics or full text. | 19 | 26069 | 03/16/95 |
| 0962S | State of California, Department of Youth Authority 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Charging party failed to show a departure from established procedures as the order limiting charging party's overtime hours was issued only after completion of medical and psychiatric evaluations which were performed after charging party filed an injury report complaining of stress; p. 13. more or view all topics or full text. | 17 | 24019 | 12/04/92 |
| 0895E | Sonoma County Junior College District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures The fact that the president has followed faculty hiring committee recommendations in all but two other cases, does not as a matter of law establish that the president deviated from past hiring practices by refusing to select faculty candidates in accord with department faculty recommendations; p. 3, fn. 4. more or view all topics or full text. | 15 | 22132 | 08/12/91 |
| 0885E | San Diego Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures No departure from established procedures where employee was repeatedly counseled, reprimanded and given ample opportunity to correct behavior; p. 73. more or view all topics or full text. | 15 | 22103 | 06/14/91 |
| 0864E | Newark Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Departure from long and established past practice is evidence from which unlawful motive may be inferred; p. 30, proposed dec. more or view all topics or full text. | 15 | 22023 | 01/14/91 |
| 0845H | California State University, Fresno 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Inaccurate preparation of probationary employee's evaluation reports was a departure from established procedures; p. 14. Discussion of employee's status on probation at management meetings was a departure from established procedures; p. 14. more or view all topics or full text. | 14 | 21193 | 10/04/90 |
| 0639E | Riverside Unified School District (Petrich) 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures No departure from established practices or procedures shown in either placing employee on paid leave or terminating him. more or view all topics or full text. | 12 | 19003 | 11/23/87 |
| 0630E | Kern County Office of Education 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures No evidence of departure from established procedures in employee's termination. more or view all topics or full text. | 11 | 18133 | 07/14/87 |
| 0622E | Riverside Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Deviation from past practice adequately explained and justified. more or view all topics or full text. | 11 | 18107 | 06/11/87 |
| 0615H | Regents of the University of California (Yeary) 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Departure from established procedure in this case did not imply unlawful motive under facts of this case; p. 21. more or view all topics or full text. | 11 | 18060 | 03/03/87 |
| 0564E | El Dorado Union High School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Past practice of contracting out is not a proper defense when employer action improperly motivated. more or view all topics or full text. | 10 | 17076 | 04/04/86 |
| 0559H | California State University (San Francisco) 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Department head did not follow standard University procedures, but followed his own procedure consistently. more or view all topics or full text. | 10 | 17043 | 01/03/86 |
| 1740H | Trustees of the California State University (Sacramento) 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Board dismissed charge alleging that employer failed to conduct a proper investigation before imposing discipline where charging party failed to allege sufficient facts demonstrating the procedures were violated. more or view all topics or full text. | 29 | 63 | 01/26/05 |
| 0500E | Santa Clara Unified School District 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Reassignment inconsistent with prior actions in planning and implementing reductions. more or view all topics or full text. | 9 | 16116 | 04/11/85 |
| 0378S | State of California (Department of Developmental Services, Napa State Hospital) (Matta) 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures No disparate treatment found where other employee received similar discipline and offense is a dischargeable one; pp. 28-32. more or view all topics or full text. | 8 | 15039 | 02/15/84 |