Decision 0324E – Central Union High School District

S-CE-477

Decision Date: June 30, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14189

Decision Headnotes

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.19000 – Newly Discovered Evidence

Charging party contention of rebuttal evidence as perjured must be overcome at hearing - not raised on appeal; p. 6.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
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.

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

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.03000 – Warning Letters, Reprimands, Evaluations

Letter of reprimand is adverse action.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.13000 – Holding Union Office

Holding union office is protected activity.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

Assisting in grievance filing.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.01000 – In General

Assisting in grievance filing - critical of superintendents decisions and service as assistant president is protected activity.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
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.