Decision 0689E – Palo Verde Unified School District

LA-CE-2313

Decision Date: June 30, 1988

Decision Type: PERB Decision

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Perc Vol: 12
Perc Index: 19121

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Prima facie case of discrimination requires a showing of adverse action, citing in part Wright Line. Objective test applied to determine whether Districts action result in an injury to the employee.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.07000 – Administrative and Judicial Notice

Board relies in part on evidence from an earlier Board case (without calling it Administrative or Judicial Notice).

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Objective test applied to determine whether District's action resulted in an injury to the employee.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.11000 – Legitimate Business Purpose/Business Necessity

In face of threat of a teacher's strike, District has inherent interest in preserving security of its facilities and protecting integrity of its managerial communications and is sufficient to justify relocating office of union activist.