Decision 0505E – Santa Paula School District

LA-CE-1574, 1581

Decision Date: May 7, 1985

Decision Type: PERB Decision

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Perc Vol: 9
Perc Index: 16128

Decision Headnotes

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

Timing of action critical to determination of discrimination where activity took place 3 days prior to transfer decision and employer offered no credible justification.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.13000 – Unusually Harsh Treatment

Letter of reprimand not found to be unusually harsh treatment where classified employee sent letter to certificated employees directly affecting working relationship.

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

Lists elements of Novato test (No. 210) and applies to alleged improper, discriminatory transfer.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.04000 – Individual/Concerted/Activities/Self-Representation

Employee found to have engaged in protected activity where she immediately contacted union rep after notice of reduction in hours, demanded negotiations, and participated on negotiations team.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.03000 – Warning Letters, Reprimands, Evaluations

Letter of reprimand found not discriminatory or excessive action against classified employee who sent letter directing certificated employees to do particular work.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities

District found to have discriminated by transferring employee who participated in negotiations regarding reduction in work.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.11000 – Legitimate Business Purpose/Business Necessity

District failed to show legitimate business purpose for transfer, where transferee's skills not utilized and replacement immediately hired.

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

District failed to show it lacked knowledge of protected activity where discriminatee involved in negotiations and had direct contact with district.

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

District's discriminatory transfer found to be interference with organizational rights and had potential chilling effect on other employees conduct.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.04000 – Circumstantial Evidence

Circumstancial evidence often all that is available in discrimination cases.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.02000 – Grievances/Grievance Procedure

No unlawful conduct in grievance processing where voluntary informal conference not held allegedly because District refused to allow personal representative to attend. District found not to have improperly denied grievance on untimeliness basis.

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

Isolated discriminatory act insufficient to find unilateral change by contract repudiation.