Decision 0104E – Santa Clara Unified School District

SF-CE-13

Decision Date: September 26, 1979

Decision Type: PERB Decision

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Perc Vol: 3
Perc Index: 10124

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

Board will give deference to hearing officer's findings of fact which incorporate credibility determinations but remains free to draw own inferences from the evidence; pp. 11-12.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Neither union's nonexclusive status nor employees nonmembership prevents the union from being the charging party; addition of affected employee as second charging party "could easily cure" any defect, and no party has objected to union's standing herein; p. 13, fn. 6.


504.14000 – Other/In General

Differing motivation of two District agents who both participated in discrimination does not warrant dismissal of charge; Board will consider motivations compositely and drain reasonable inferences therefrom; pp. 14-15.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.05000 – Union Activity of Discriminatee

Discrimination found where teacher-applicant sought union advice regarding part-time position and subsequently was denied position; pp. 15-16.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.12000 – Employer Statements or Conduct; Threats

Discrimination found where employer told employee she should come to District before going to union; pp. 16-17. No discrimination found where District threatened teacher with dock in pay for refusing to abide by new teaching schedule - legitimate response to threatened insubordination; pp. 19-21.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.12000 – Concurrent or Derivative Violations

Separate, though unalleged, discrimination violation proper where the evidence giving rise to the unalleged violation was the same as for the alleged violation and the parties had the opportunity to thoroughly litigate; pp. 17-19.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

Separate, though unalleged, discrimination violation proper where the evidence giving rise to the unalleged violation was the same as for the alleged violation and the parties had the opportunity to thoroughly litigate; pp. 17-19.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.02000 – Disparate Treatment

No discrimination found where District observed one teacher more than others; pp. 20-21.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.11000 – Hours and Overtime, Work Schedules

Insufficient evidence to support Union contention that change in schedule made to harass Union; pp. 21-22.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.01000 – Outright Refusal to Bargain

No duty to bargain because Union not exclusive rep.; pp. 22-23.

607.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT
607.01000 – In General

District did not violate any duty to consult the nonexclusive representive because no evidence that the nonexclusive rep. requested consultation; pp. 24-25.