Decision 0371E – Mammoth Unified School District
S-CE-424, 487
Decision Date: December 29, 1983
Decision Type: PERB Decision
Perc Vol: 8
Perc Index: 15015
Decision Headnotes
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.
1500.03000 – 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)
602.01000 – 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.
501.01000 – 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.
300.17000 – Other
Refusal to accept coaching position unlawfully assigned not protected because contract contained comply now and grieve later provision; pp. 8-9.