Decision 0401E – Inglewood USD

LA-CE-1562

Decision Date: August 29, 1984

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15154

Decision Headnotes

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

Charge dismissed as untimely where charging parties knew for nearly a year prior to filing about alleged change in sick leave verification requirements. Period of limitations commences to run when charging party knew or should have known of the disputed conduct; p. 32.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.17000 – Other

No violation where there was no evidence that adverse personnel actions taken against employee were motivated by employees exercise of protected rights; there was no protected activity of sufficent moment to establish that they were a motivating factor of discriminatory termination; pp. 42, 46, proposed dec.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

Absent some evidence of contrary intent or established practice, district did not repudiate argument when it based employee's discharge on excessive absences and failure to verify illness; p. 38, prop. dec. As union failed to show district refused to go to arbitration or engaged in conduct which could be construed as a repudiation of grievance polices or practices, Board dismissed allegation that district failed to process grievance; p. 41, proposed dec.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation

No violation where there was no evidence that adverse personnel actions taken against employee were motivated by employees exercise of protected rights; there was no protected activity of sufficient moment to establish that they were a motivating factor of discriminatory termination; pp. 42, 46, proposed dec.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.14000 – Other/In General

No violation where there was no evidence that adverse personnel actions taken against employee were motivated by employees exercise of protected rights; there was no protected activity of sufficient moment to establish that they were a motivating factor of discriminatory termination; pp. 42, 46, proposed dec.

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

Since personnel actions taken against employee found to be nondiscriminatory, there is no finding that these actions interfered with any of employee's protected rights; pp. 46-47, proposed dec.

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

Under the Novato rule, the charging party alleging discrimination has the burden of showing that the protected conduct was a motivating factor in the employer's decision to take adverse personnel action; p. 42, proposed dec.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

No violation where there was no evidence that adverse personnel actions taken against employee were motivated by employees exercise of protected rights; there was no protected activity of sufficient moment to establish that they were a motivating factor of discriminatory termination; pp. 42, 46, proposed dec.