All notes for Subtopic 504.13000 – Unusually Harsh Treatment

DecisionDescriptionPERC Vol.PERC IndexDate
2865E Mt. San Jacinto Community College District
504.13000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Unusually Harsh Treatment
Removing two employees as department chairs for missing a single, hastily-scheduled meeting without asking them their availability reflects a disproportionate response to the circumstances, which supports unlawful motive. (p. 32.) more or view all topics or full text.
481506/28/23
2806E Visalia Unified School District
504.13000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Unusually Harsh Treatment
The District’s failure to seriously explore any intermediate discipline for employee who engaged in protected activities, consistent with its standard approach to correcting performance deficiencies, was significant evidence of improper motive. (pp. 31-32) more or view all topics or full text.
4611502/07/22
2804E South Orange County Community College District
504.13000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Unusually Harsh Treatment
The Board held that the allegation that Charging Party did not receive progressive discipline before being terminated implicates the disproportionate punishment nexus factor. In considering whether the punishment appears disproportionate to the alleged misconduct, PERB does not determine whether the employer had just cause to impose the particular punishment. Rather, the inquiry is whether the employer’s choice to impose the particular punishment instead of a lesser punishment indicates a retaliatory motive. Thus, in certain contexts, an employer’s decision to terminate an employee rather than pursue progressive discipline may indicate the employer wished to rid itself of a known union supporter. In such cases, the decision to terminate often is intertwined with an inadequate investigation of the employee’s alleged misconduct. (p. 14.)The Board noted that despite the Skelly officer dismissing two-thirds of the charges against Charging Party, the school district did not reduce the proposed discipline but instead proceeded to terminate Charging Party based on the remaining 11 charges. Although we cannot say based upon the allegations in the amended charge that termination was a disproportionate punishment for the remaining 11 charges, the school district’s persistence in terminating Charging Party’s employment despite the weakness of a large portion of its charges suggests that termination was a predetermined outcome to rid the school district of a known union activist. The Board found that this was another instance of inadequate investigation and disproportionate punishment nexus factors. (p. 16.) more or view all topics or full text.
4611101/28/22
2309E Jurupa Unified School District
504.13000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Unusually Harsh Treatment
A retraction of a prior coercive statement which did not address the coercive aspects of the prior statement and was not tendered within a few days, at most, of the prior coercive statement was both inadequate and untimely, and thus not made in a manner that completely nullified the coercive effects of the earlier statement. more or view all topics or full text.
3718303/08/13
1032S California Union of Safety Employees (Coelho)
504.13000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Unusually Harsh Treatment
Adverse conduct based on unsubstantial allegations may raise an inference of unlawful motivation; p. 13. more or view all topics or full text.
182502901/06/94
0622E Riverside Unified School District
504.13000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; 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. more or view all topics or full text.
111810706/11/87
0505E Santa Paula School District
504.13000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Unusually Harsh Treatment
Letter of reprimand not found to be unusually harsh treatment where classified employee sent letter to certificated employees directly affecting working relationship. more or view all topics or full text.
91612805/07/85
0378S State of California (Department of Developmental Services, Napa State Hospital) (Matta)
504.13000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Unusually Harsh Treatment
Record did not show progressive discipline was the rule so lack thereof did not raise inference of unlawful motive; p. 32, proposed dec. more or view all topics or full text.
81503902/15/84
0261E San Joaquin Delta Community College District
504.13000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Unusually Harsh Treatment
Discipline that is "extremely severe," in light of the employee's alleged misconduct is evidence of employer's unlawful motivation; p.7 more or view all topics or full text.
71401111/30/82