Decision 0264E – North Sacramento School District

S-CE-381

Decision Date: December 20, 1982

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 7
Perc Index: 14017

Decision Headnotes

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.08000 – Cursory Investigation

Employer's cursory investigation of alleged misconduct is evidence of unlawful motivation; p. 9.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.