Decision 0764E – Cupertino Union School District
SF-CE-1190
Decision Date: September 14, 1989
Decision Type: PERB Decision
Perc Vol: 13
Perc Index: 20194
Decision Headnotes
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.
504.12000 – 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.
300.04000 – 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.
1107.02000 – 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.