Decision 0271E – Lemoore Union High School District
S-CE-390-391
Decision Date: December 28, 1982
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14026
Decision Headnotes
1101.01000 – In General
Statute of limitations does not preclude consideration of events occurring prior to the time period if such evidence sheds light on the alleged violation; pp. 36-37, proposed dec. Using test in Carlsbad USD (1979) PERB Decision No. 89, Board determined that District discriminated against charging party in the selection of vice principal position; pp. 33-36, proposed dec.
1201.02000 – Reinstatement
Remedy of backpay and placement in comparable job is inappropriate where no finding of unlawful deprivation of job; p. 3.
1201.03000 – Back Pay; Interest
Remedy of backpay and placement in comparable job is inappropriate where no finding of unlawful deprivation of job; p. 3.
1205.07000 – Restoration of Status Quo
Unlawful denial of opportunity to compete for job demands that a nondiscriminatory opportunity be provided to changing party; p. 3.
1105.02000 – Background Evidence and Matters Not Alleged
Statute of limitations does not preclude consideration of events occuring prior to the time period if such evidence sheds light on the alleged violation; pp. 36-37, proposed dec.
1101.03000 – Computation of Six-Month Period
Although decision to deny promotional opportunity occurred outside 6 month statute of limitation, effect of that decision within limitation period is reviewable as a potential violation of EERA; p. 30, proposed dec.