Decision 0639E – Riverside Unified School District (Petrich)

LA-CE-2359

Decision Date: November 23, 1987

Decision Type: PERB Decision

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Perc Vol: 12
Perc Index: 19003

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.03000 – Misconduct

Evidence established that Employer's actions due to employee's attendance problems and failure to do assigned work as instructed.

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

Protected activity, after decision to take adverse action, cannot be basis for inferring unlawful motive.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.09000 – Participation in Board Process

Filing charges with PERB protected.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation

Prima facie case of retalitory discharge not established.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.12000 – Employee Benefits; Insurance, Pensions, Vacations, Holiday Leave, Etc.

Failure to establish prima facie case that placement on paid leave unlawfully motivated.

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

No evidence of disparate treatment in either placing employee on paid leave or terminating him; p. 20, proposed dec.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

602.00000 – 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

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 K breach, no continuing impact or generalized effect.