Decision 0748E – Los Angeles Community College District
Decision Date: June 28, 1989
Decision Type: PERB Decision
Perc Vol: 13
Perc Index: 20145
400.01000 – In General; Standards
Release of a confidential document to other employees is not interference where the circumstances require the release to investigate charging party's allegations of internal misfeasance; pp. 16-17, proposed dec.
501.01000 – In General; Elements of Prima Facie Case
Unlawful motivation not present where employer followed customary practice in investigation of allegation of internal misfeasance and the necessary release of confidential information supplied by the charging party employee; pp. 18-20, proposed dec.
503.15000 – Other
Release of a confidential document not discriminatory where there is no showing of adverse action; p. 20, proposed dec.
504.04000 – Timing of Action
Timing alone does not raise an inference of unlawful motivation; p. 19 proposed dec.
505.11000 – Legitimate Business Purpose/Business Necessity
Unlawful motivation is not present where an employer followed customary practice in the investigation of allegations of internal misfeasance and the necessary release of confidential information supplied by the charging party employee; pp. 18-20, proposed dec.
1107.04000 – Unalleged Violations
Where the unalleged violation is intimately related to the subject matter of the complaint, part of the same course of conduct and is fully litigated, the retaliation charge will be properly considered and when the respondent was specifically notified that it should be prepared to defend allegations of retaliation; p. 18, proposed dec.