Decision 0500E – Santa Clara Unified School District
SF-CE-674
Decision Date: April 11, 1985
Decision Type: PERB Decision
Perc Vol: 9
Perc Index: 16116
Decision Headnotes
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Second reassignment, shortly after employee prevailed on grievance over earlier reassignment, was discriminatory.
504.02000 – Disparate Treatment
Disparate treatment where other comparably-qualified teachers offered assignments at high school, while charging party reassigned to jr. high.
504.03000 – Departure from Past Practices or Procedures
Reassignment inconsistent with prior actions in planning and implementing reductions.
504.04000 – Timing of Action
Timing of second reassignment, shortly after employee prevailed on grievance over earlier reassignment, is evidence of unlawful motivation.
504.06000 – Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
Charging party reassigned despite excellent work record and qualifications to teach available courses at present site.
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
Charging party offered no explanation when reassigned; reassignment inconsistent with circumstances related to projected enrollment and course planning.
504.11000 – Availability of Work
Charging party reassigned despite qualifications to teach available courses at present site.
101.03000 – NLRA/LMRDA Precedent
Construction of similar or identical provisions of the NLRA may be used to guide interpretation of the EERA.
300.04000 – Individual/Concerted/Activities/Self-Representation
Concerted activities relating to terms and conditions of employment protected.
300.05000 – Grievances
Attempts to enforce negotiated terms, including the filing of grievances, protected.
501.01000 – In General; Elements of Prima Facie Case
ALJ properly applied standards as enunciated in Novato No. 210.
501.02000 – Burden of Proof; Evidence
ALJ properly applied standards as enunciated in Novato No. 210, including allocation of burden of proof.
Evidence of projected enrollment and course planning does not support need for reassignment; charging party qualified to teach available courses at present site and seniority provisions of contract do not justify failure to offer them to charging party.
1105.14000 – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements
Witness' credibility discounted due to evasiveness, improbable memory lapses and failure to explain inconsistencies in testimony.
1108.01000 – In General
Reinstatement to be delayed if respondent can show in compliance that position would not presently be available anyway in normal course of events; parties, with PERB's approval, may arrive at settlement as alternative to order.
1201.02000 – Reinstatement
Reinstatement to be delayed if respondent can show that position would not presently be available in normal course of events.
1201.07000 – Private Agreements Concerning Reinstatement and Backpay
Parties free to arrive at own settlement, with PERB's approval, as alternative to order.
1400.02000 – Employer Responsibility
Not necessary to show that personnel manager, who exercised limited review under special circumstances, harbored discriminatory animus where school principal was the effective decision-maker.