Decision 0264E – North Sacramento School District
Decision Date: December 20, 1982
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14017
1503.02000 – Regulations Considered (By Number)
Reg. 32176 - then 32176(a) allows admission of hearsay as long as it is not the sole support of a finding.
300.05000 – Grievances
Employee's attempt to assert rights established by the terms of a negotiated agreement clearly constitutes "participation" in the activities of an employee organization and is, therefore, expressly protected under EERA section 3543; p. 6.
504.02000 – Disparate Treatment
Disparate treatment indicative of employer's unlawful motivation found where employer reprimanded employee for conduct for which employees had not previously been disciplined; p. 9.
504.04000 – Timing of Action
Where employee had never before been reprimanded, employer's repeated reprimand of him during the months immediately after he filed a grievance is evidence of employer's unlawful motivation; p. 9.
504.06000 – Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
A clear inference of unlawful motivation is raised when an employee with a previously good work record is repeatedly reprimanded or threatened with reprisal following his participation in protected activity; p. 9.
504.08000 – Cursory Investigation
Employer's cursory investigation of alleged misconduct is evidence of unlawful motivation; p. 9.
1105.02000 – Background Evidence and Matters Not Alleged
Not improper for ALJ to hear evidence pertaining to employer's alleged obstructionist conduct in processing of employee's grievance despite the fact that portion of charge alleging arbitrary obstruction of grievance process had been dismissed. ALJ properly considered such evidence in determining whether employer's conduct evidenced a retaliatory motive; p. 11.
1105.06000 – Hearsay
Former PERB Regulation 32176 (a) expressly provides that hearsay statement are admissible as long as they are not, by themselves, used as a basis of a finding of fact; p. 13.