Decision 0324E – Central Union High School District
S-CE-477
Decision Date: June 30, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14189
Decision Headnotes
1503.02000 – Regulations Considered (By Number)
Rule 32650. Informal conferences are conducted primarily as confidential settlement proceedings and contents of such meetings do not appear in the record of the ensuing hearing. See PERB Rule 32650; p. 5.
300.01000 – In General
Assisting in grievance filing - critical of superintendents decisions and service as assistant president is protected activity.
300.05000 – Grievances
Assisting in grievance filing.
300.13000 – Holding Union Office
Holding union office is protected activity.
503.03000 – Warning Letters, Reprimands, Evaluations
Letter of reprimand is adverse action.
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
Lack of justification for employee discipline does not of itself inevitably warrant a finding that the Act has been violated. Additional evidence may be required to show unjust discipline was motivated by anti-union animus; p. 7.
1104.05000 – Informal Settlement Conferences
Informal conferences are conducted primarily as confidential settlement proceedings and contents of such meetings do not appear in the record of the ensuing hearing. See PERB Rule 32650; p. 5.
1105.14000 – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements
Charging party believes that his evidence had been rebuffed by the other side - he should have brought other witnesses to overcome the same.
1105.19000 – Newly Discovered Evidence
Charging party contention of rebuttal evidence as perjured must be overcome at hearing - not raised on appeal; p. 6.
1205.04000 – Attorneys Fees and Costs
Request for attorney fees denied where charge not without arguable merit. Charging party was aware of other actions, unaware of business justification, therefore, not unreasonable for charging party to believe respondent possessed unlawful motivation; p. 7.