Decision 0065E – Santa Clara County Superintendent of Schools
SF-CE-82
Decision Date: August 16, 1978
Decision Type: PERB Decision
Perc Vol: 2
Perc Index: 2171
Decision Headnotes
501.03000 – 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.
505.11000 – 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.
503.07000 – 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.
503.05000 – 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.
501.02000 – 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.
501.01000 – 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.