Decision 0104E – Santa Clara Unified School District
SF-CE-13
Decision Date: September 26, 1979
Decision Type: PERB Decision
Perc Vol: 3
Perc Index: 10124
Decision Headnotes
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.
1100.03000 – 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.
504.05000 – Union Activity of Discriminatee
Discrimination found where teacher-applicant sought union advice regarding part-time position and subsequently was denied position; pp. 15-16.
504.12000 – 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.
1103.12000 – 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.
1107.04000 – 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.
504.02000 – Disparate Treatment
No discrimination found where District observed one teacher more than others; pp. 20-21.
503.11000 – Hours and Overtime, Work Schedules
Insufficient evidence to support Union contention that change in schedule made to harass Union; pp. 21-22.
605.01000 – Outright Refusal to Bargain
No duty to bargain because Union not exclusive rep.; pp. 22-23.
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.