Decision 0368E – San Diego Community College District

District's refusal to ratify employment contracts is adverse 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.

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.

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.

The employer failed to rebut the inference of unlawful motive raised by the union's presentation of circumstantial evidence; p. 15, 25.

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.

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.

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.

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.

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.

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.

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.

District ordered to grant contract status prospectively only, where retroactive status would contravene requirements of Education Code; pp. 27-29.

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.

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.

Response to exceptions insufficient to constitute statement of exceptions due to lack of specificity; p. 13.