Decision 0957E – Los Angeles Unified School District (Kaady)

LA-CE-3058, 3099

Decision Date: November 18, 1992

Decision Type: PERB Decision

Perc Vol: 17
Perc Index: 24000

Decision Headnotes

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

Protected activity includes complaint about unsafe working conditions, use of contractually provided industrial illness leave, use of union representation regarding work-related problems and filing of an unfair practice charge.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.06000 – Demands for Change in Working Conditions

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.09000 – Participation in Board Process

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.12000 – Insistence on Union Representation

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.17000 – Other

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

In order to establish a prima facie case of discrimination or reprisal, the charging party must show that he engaged in conduct that is protected activity within the meaning of EERA; p. 18, proposed dec.; that the employer have actual or imputed knowledge of the protected conduct; p. 19, proposed dec.; that a nexus exists. Various factors have been employed to determine unlawful motivation in reprisal cases including statements of, or indicating such motive, are strong indications thereof. (Santa Clara Unified School District (1979) PERB Decision No. 104; p. 20, proposed dec.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.03000 – Warning Letters, Reprimands, Evaluations

Delaying charging party's return to work from industrial injury/ illness and the receiving of three written notices of unsatisfactory service was adverse action; p. 4, proposed dec.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.02000 – Disparate Treatment

Frequency or types of disciplinary actions taken against charging party did not show disparate treatment; p. 24, proposed dec.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Timing alone does not establish unlawful motivation Charter Oak Unified School District (1984) PERB Decision No. 404; p. 23, proposed dec.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.14000 – Other/In General

Circumstantial evidence may establish required employer animus. Factors considered may include timing, disparate treatment, failure to follow usual procedures, a pattern of union animus and/or shifting justifications for the action taken and the cursory investigation thereof; pp. 20-21, proposed dec.

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

The mere fact an employee is or was participating in union activities does not give him immunity from routine employment decisions or insulate him from discharge for misconduct. Martori Brothers Distributors v. Agricultural Labor Relations Board (1981) 29 Cal.3d 721 [175 Cal.Rptr. 626]; p. 21, proposed dec.