Decision 0227E – Moreland Elementary School District
SF-CE-105
Decision Date: July 27, 1982
Decision Type: PERB Decision
Perc Vol: 6
Perc Index: 13171
Decision Headnotes
300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.03000 – Activities for Nonexclusive Representative – Protected Right
300.03000 – Activities for Nonexclusive Representative – Protected Right
Participation in a decertification election constitutes protected activity.
501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case
501.01000 – In General; Elements of Prima Facie Case
Employer's knowledge of protected activity is an essential element.
504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action
504.04000 – Timing of Action
Mere "coincidence in time" between protected activity and adverse action, without some proof of unlawful animus, does not support a finding of discrimination; pp. 13-14.
505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.01000 – In General
505.01000 – In General
Lack of "just cause" is not synonymous with anti-union animus; there are some improper or unlawful considerations of employer which bear no relation to matters contemplated under EERA; p. 15. Anti-union animus of a supervisor will not be attributed to employer unless supervisor contributed directly to decision to take adverse action.