Decision 0639E – Riverside Unified School District (Petrich)
Decision Date: November 23, 1987
Decision Type: PERB Decision
Perc Vol: 12
Perc Index: 19003
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 – 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.