Decision 0263E – Los Angeles County Superintendent of Schools

LA-CE-535

Decision Date: December 16, 1982

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14015

Decision Headnotes

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

Association unable to prove that employer's transfer of two union activists was "inherently destructive" of employee rights; inasmuch as the transfers were nondiscriminatory, there was no interference with any employee right guaranteed by EERA; pp. 8-9.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.06000 – Inefficiency or Incompetence

No discrimination violation found where employer is able to demonstrate that it would have given union activist an inferior ranking even were it to discount her union activities, because her job performance was markedly inferior to that of other employees; p.8