Decision 0622E – Riverside Unified School District

LA-CE-2112, 2130, 2134, 2143

Decision Date: June 11, 1987

Decision Type: PERB Decision

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Perc Vol: 11
Perc Index: 18107

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.03000 – Departure from Past Practices or Procedures

Deviation from past practice adequately explained and justified.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.02000 – Disparate Treatment

No disparate treatment where no one similarly situated.

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
404.02000 – Statements

No threat in view of surrounding circumstances.

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

No threat in view of surrounding circumstances.

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

Timing alone insufficient.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.08000 – Cursory Investigation

No evidence of cursory investigation; pp. 61-62, proposed dec.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.12000 – Employer Statements or Conduct; Threats

No threat at meeting when employer told employee that if he did not accept change in starting time, some one else would be obtained to perform the job; pp. 47-48, proposed dec.

No items found

Harsh treatment (dismissal) justified by employee's misconduct. No evidence that similar recommendations had not been rendered in past; p. 64, proposed dec.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.03000 – Misconduct

Adverse actions in response to employee misconduct, not to protected activity; pp. 62, 65 and 67, proposed dec..

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

Deference given to ALJ's credibility determinations.