Decision 0368E – San Diego Community College District
LA-CE-1410
Decision Date: December 22, 1983
Decision Type: PERB Decision
Perc Vol: 8
Perc Index: 15009
Decision Headnotes
503.06000 – Blacklisting; Hire; Refusal to Recommend
District's refusal to ratify employment contracts is adverse action.
504.02000 – Disparate Treatment
An inference of unlawful motivation is raised by evidence of board knowledge of protected activity, threatening statements of District administrator following speech, proximity in time, belated justification and disparate treatment.
202.04000 – Agents (See also 1400)
As a member of an Association executive board and negotiating committee, a grievant was presumed to be speaking on the Association's behalf when he had obtained authorization to act on its behalf and was accordingly speaking on matters of employment relations to employer board of trustees.
501.01000 – In General; Elements of Prima Facie Case
Applying the Novato test, the Board found that the speech in question was protected activity and that circumstantial evidence established unlawful motive on the part of the District in refusing to ratify employment contract; p. 15.
501.02000 – Burden of Proof; Evidence
The employer failed to rebut the inference of unlawful motive raised by the union's presentation of circumstantial evidence; p. 15, 25.
504.04000 – Timing of Action
An inference of unlawful motivation is raised by evidence of board knowledge of protected activity, threatening statements of District administrator following speech, proximity in time, belated justification and disparate treatment; pp. 19, 21.
504.05000 – Union Activity of Discriminatee
An inference of unlawful motivation is raised by evidence of board knowledge of protected activity, threatening statements of District administrator following speech, proximity in time, belated justification and disparate treatment; pp. 19, 21.
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
An inference of unlawful motivation is raised by evidence of board knowledge of protected activity, threatening statements of District administrator following speech, proximity in time, belated justification and disparate treatment; pp. 19-21.
504.12000 – Employer Statements or Conduct; Threats
An inference of unlawful motivation is raised by evidence of board knowledge of protected activity, threatening statements of District administrator following speech, proximity in time, belated justification and disparate treatment; pp. 19-20.
1500.02000 – Education Code Sections Considered by PERB (By Number)
Sections 87607-87610 - portion of remedial order which would contravene the provisions of the Education Code governing evaluation procedures and tenure requirements modified by PERB so as to be prospective in nature only; p. 27.
1500.03000 – Education Code Sections Considered by PERB (By Subject)
Evaluation (87607) Tenure decision (87608, 87609) Notice of decision and reasons (section 87610) Portion of retroactive remedial order which would contravene the provisions of the Education Code governing evaluation procedures and tenure requirements modified by PERB so as to be prospective in nature only.
300.15000 – Speech
Speech concerning wages and hours of unit employees who were officers of Hourly Faculty Senate fell with definition of "employment relations" and was protected; pp. 16-17.
1205.09000 – Retroactivity
District ordered to grant contract status prospectively only, where retroactive status would contravene requirements of Education Code; pp. 27-29.
1201.02000 – Reinstatement
District ordered to grant contract status prospectively only, where retroactive status would contravene requirements of Education Code mandating evaluation and final determination by employer; pp. 27-29.
1201.03000 – Back Pay; Interest
District ordered to grant contract status prospectively only, where retroactive status would contravene requirements of Education Code; pp. 27-29. Nevertheless, back pay and interest is awarded retroactively to date contract status would have been granted, but for District's discriminatory conduct.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Response to exceptions insufficient to constitute statement of exceptions due to lack of specificity; p. 13.