Decision 0368E – San Diego Community College District

LA-CE-1410

Decision Date: December 22, 1983

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15009

Decision Headnotes

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.06000 – Blacklisting; Hire; Refusal to Recommend

District's refusal to ratify employment contracts is adverse action.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
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.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
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.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.09000 – Retroactivity

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

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
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.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
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.

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

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

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

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

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
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.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
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.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
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.

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

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.