Decision 0965E – Livingston Union School District
Decision Date: December 10, 1992
Decision Type: PERB Decision
Perc Vol: 17
Perc Index: 24022
300.04000 – Individual/Concerted/Activities/Self-Representation
Expression of concern about class size to a principal and District Board or discussion with principal and superintendent on class assignment are both protected activities; p. 3.
501.02000 – Burden of Proof; Evidence
Once probationary teachers set forth prima facie case for discrimination, burden shifts to District to show nondiscriminatory reason for nonreelection; p. 3; pp. 34-47, proposed dec.
502.04000 – Temporary, Extra, Part-Time, Casual, Seasonal, Intermittent or Probationary Employees
Probationary teachers covered under Act; District must justify decision not to reelect once prima facie showing made; pp. 3, 26 and 34-37, proposed dec.
504.06000 – Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
Employee evaluations were satisfactory; p. 4; pp. 29-30, proposed dec.
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
Inconsistent or contradictory justifications for action taken; pp. 4-5; pp. 30-33, proposed dec.
505.13000 – Other
District's decision not to reelect probationary teachers, because District's quest for teaching excellence was pretextual; p. 5; pp. 34-35, proposed dec.
1201.02000 – Reinstatement
Reinstatement is appropriate for discriminating against probationary teachers by not reelecting them; p. 6; p. 37, proposed dec.