Decision 0764E – Cupertino Union SD

SF-CE-1190

Decision Date: September 14, 1989

Decision Type: PERB Decision

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Perc Vol: 13
Perc Index: 20194

Decision Headnotes

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

Protected activity occurring after the employer had decided to deny reemployment can not be motivating factor in dismissal; p. 37, proposed dec. Employee's act of seeking temporary contract for herself, without union assistance or in concert with others, is not protected activity under EERA; p. 45, proposed dec. Absent showing of nexus by charging party, burden of proof never shifts to employer to show that it would have taken action in absence of protected activity; p. 47, proposed dec.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.12000 – Employer Statements or Conduct; Threats

Statement by employer that employee, "knew one of the reasons for her termination, and it had to do with her activities last summer," without more, does not support an inference of unlawful motivation; p. 15.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.04000 – Individual/Concerted/Activities/Self-Representation

Protected activity occurring after the employer had decided to deny reemployment can not be motivating factor in dismissal; p. 37, proposed dec. Employee's act of seeking temporary contract for herself, without union assistance or in concert with others, is not protected activity under EERA; p. 45, proposed dec.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

ALJ's credibility findings will not be disturbed on appeal absent evidence that those findings were clearly erroneous; p. 11.