Decision 0065E – Santa Clara County Superintendent of Schools

SF-CE-82

Decision Date: August 16, 1978

Decision Type: PERB Decision

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Perc Vol: 2
Perc Index: 2171

Decision Headnotes

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.12000 – Lack of Knowledge of Protected Activity

Transfer of bus driver not unlawful where managerial employee responsible for transfer had no knowledge of protected activity and where decision due to insurer's refusal to insure charging party; p. 22, proposed dec. Discharge of bus driver not unlawful where protected activity not clearly shown, apparently minor in scope and, in any event, not shown to employer, and where denial of permit justified by age and poor driving record; p. 23, proposed dec.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.11000 – Legitimate Business Purpose/Business Necessity

Transfer of bus driver not unlawful where managerial employee responsible for transfer had no knowledge of protected activity and where decision due to insurer's refusal to insure charging party; p. 22, proposed dec. Discharge of bus driver not unlawful where protected activity not clearly shown, apparently minor in scope and, in any event not shown, to employer, and where denial of permit justified by age and poor driving record; p. 23, proposed dec.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation

Discharge of bus driver not unlawful where protected activity not clearly shown, apparently minor in scope and, in any event, not known to employer, and where denial of permit justified by age and poor driving record; p. 23, proposed dec.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities

Transfer of bus driver not unlawful where managerial employee responsible for transfer had no knowledge of protected activity and where decision due to insurer's refusal to insure charging party; p. 22, proposed dec.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.02000 – Burden of Proof; Evidence

Charging party must prove by preponderance of the evidence that the respondent intended to discriminate or impose reprisals, or that such was the natural and probable consequence of the respondent's actions: unlawful intent may be proved by circumstantial evidence; p. 17, proposed dec.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Charging party must prove by preponderance of the evidence that the respondent intended to discriminate or impose reprisals, or that such was the natural and probable consequence of the respondent's actions: unlawful intent may be proved by circumstantial evidence; p. 17, proposed dec.