Decision 0602E – Rancho Santiago Community College District

LA-CE-1643

Decision Date: December 30, 1986

Decision Type: PERB Decision

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Perc Vol: 11
Perc Index: 18021

Decision Headnotes

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.02000 – Education Code Sections Considered by PERB (By Number)

Rescission of a notice of unprofessional conduct (Ed. Code sec. 87734) is appropriate remedy within PERB's broad remedial authority.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.15000 – Speech

An employee's newsletter articles criticizing the employers' administration is protected speech if it relates to matters of legitimate concern to employees as employees and is not opprobrious, flagrant, insulting, defamatory, insubordinate or fraught with malice as to cause substantial disruption of or material interference with school activities. Exaggerated and over stated language is not, by itself, enough where described events are widely known; pp. 12-13.

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

Notice of unprofessional conduct (Ed. Code sec. 87734) is disciplinary action that may not be taken and must be rescinded if due to the exercise of protected rights such as free speech; pp. 15-16.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.08000 – Expunging Employee Personnel Files

Rescission of a notice of unprofessional conduct (Ed. Code sec. 87734) is appropriate remedy within PERB's broad remedial authority; pp. 15-16.