Decision 0492E – Sacramento City USD

S-CE-582, 615

Decision Date: March 6, 1985

Decision Type: PERB Decision

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Perc Vol: 9
Perc Index: 16094

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.02000 – Burden of Proof; Evidence

Burden does not shift to employer to demonstrate lawful reasons for adverse action if changing party fails to establish prima facie case.

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

There can be no unlawful retaliation if employer unaware of protected activity; animus not automatically imputed from supervisor to interview committee; committee unaware of both employee's protected activity and of animus of supervisor.

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
409.03000 – Discontinuance of Illegal Activity; Retraction; Repudiation; Public Disavowal

An honestly given retraction can erase the effects of a prior coercive statement; retraction must be made in a manner that completely nullifies coercive effects of earlier statement; angry retraction in context of implying that employee made false accusation insufficient retraction.

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
405.02000 – Express or Implied Threats

Statements by an employer must be viewed in their overall context to determine if they are coercive; employer's statements, in context, determined to be threats of adverse action if employees sought assistance of union.

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

Not necessary to show unlawful motivation.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

Protected right to file grievance under contractual grievance procedure.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.12000 – Lack of Knowledge of Protected Activity

There can be no unlawful retaliation if employer unaware of protected activity; animus not automatically inputed from supervisor to interview committee; committee unaware of both employee's protected activity and of animus of supervisor.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.01000 – In General

Burden does not shift to employer to demonstrate lawful reasons for adverse action if charging party fails to establish prima facie case.