Decision 0639E – Riverside Unified School District (Petrich)
LA-CE-2359
Decision Date: November 23, 1987
Decision Type: PERB Decision
Perc Vol: 12
Perc Index: 19003
Decision Headnotes
504.08000 – Cursory Investigation
Failure to conduct independent investigation not itself indicative of unlawful motive; must be evaluated on case-by-case basis, considering, inter alia, whether there was a practice of such invesigations and whether there were other indicia of unlawful motive.
505.03000 – Misconduct
Evidence established that Employer's actions due to employee's attendance problems and failure to do assigned work as instructed.
504.04000 – Timing of Action
Protected activity, after decision to take adverse action, cannot be basis for inferring unlawful motive.
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
No inconsistent or contradictory reasons where employer consistently cited employee's attendance problems and poor work performance and followed a course of progressive discipline.
300.09000 – Participation in Board Process
Filing charges with PERB protected.
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Prima facie case of retalitory discharge not established.
503.12000 – Employee Benefits; Insurance, Pensions, Vacations, Holiday Leave, Etc.
Failure to establish prima facie case that placement on paid leave unlawfully motivated.
504.02000 – Disparate Treatment
No evidence of disparate treatment in either placing employee on paid leave or terminating him; p. 20, proposed dec.
504.03000 – Departure from Past Practices or Procedures
No departure from established practices or procedures shown in either placing employee on paid leave or terminating him.
602.03000 – Change in or Deviation from Written Agreement or Policy
Evidence failed to show contract breach or departure from past practice. Introduction at arbitration of rebuttal documents that were not used as basis for disciplinary action; even if contract breach, no continuing impact or generalized effect.