Decision 0288E – San Leandro USD

SF-CE-477

Decision Date: February 24, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14079

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

Charging party engaged in protected activity by presenting a grievance against preceived violations of contract and organizing in support of that grievance within meaning of section 3543; p. 7.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.10000 – Solicitation/Organizing

Charging party engaged in protected activity by presenting a grievance against perceived violation of contract and organizing in support of that grievance within meaning of section 3543; p. 7.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities

As District's rationale in transferring charging party was more indicative of unlawful motivation than legitimate justification, Board held District discriminatorily transferred charging party because of his protected activity; p. 10.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications

As District's rationale in transferring charging party was more indicative of unlawful motivation than legitimate justification, Board held District discriminatorily transferred charging party because of his protected activity; p. 10.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.11000 – Legitimate Business Purpose/Business Necessity

As District's rationale in transferring charging party was more indicative of unlawful motivation than legitimate justification, Board held District discriminatorily transferred charging party because of his protected activity; p. 10.