Decision 0965E – Livingston Union School District

S-CE-1431

Decision Date: December 10, 1992

Decision Type: PERB Decision

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Perc Vol: 17
Perc Index: 24022

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
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.

502.00000 – EMPLOYER DISCRIMINATION; PERSONS PROTECTED
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.06000 – Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase

Employee evaluations were satisfactory; p. 4; pp. 29-30, proposed dec.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
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.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.02000 – Reinstatement

Reinstatement is appropriate for discriminating against probationary teachers by not reelecting them; p. 6; p. 37, proposed dec.