Decision 0371E – Mammoth USD

S-CE-424, 487

Decision Date: December 29, 1983

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15015

Decision Headnotes

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.02000 – Education Code Sections Considered by PERB (By Number)

35160 - Education Code authorized discipline short of dismissal and contract incorporated the District's authority under this section; p. 8.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.03000 – Education Code Sections Considered by PERB (By Subject)

Discipline - Education Code authorized discipline short of dismissal and contract incorporated the District's authority under this section; p. 8. (35160)

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

Imposing suspension as discipline did not constitute unilateral change as discipline provided for in Education Code was incorporated into management rights clause of MOU; pp. 7-8.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Even if any of teacher's activities could be viewed as protected, no evidence was presented which raised the inference that the teacher's protected activity was a motivating factor in the District's decision to impose discipline; p. 12.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.17000 – Other

Refusal to accept coaching position unlawfully assigned not protected because contract contained comply now and grieve later provision; pp. 8-9.