Decision 0994E – Lake Tahoe USD

S-CE-1501

Decision Date: April 30, 1993

Decision Type: PERB Decision

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Perc Vol: 17
Perc Index: 24089

Decision Headnotes

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

Finding of nexus was bolstered by allegations in a previous unfair practice charge that referred to a dozen adverse actions allegedly taken in retaliation. The complaint and settlement agreement in that case were attached to the instant charge.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.15000 – Other

Failure to thank employee for moving equipment at same time it thanked other teachers who did so is not adverse action.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.01000 – Prior Employer Unfair Practices; Prior History of Confrontation/Strife/Discord

Finding of nexus was bolstered by allegations in a previous unfair practice charge that referred to a dozen adverse actions allegedly taken in retaliation. The complaint and settlement agreement in that case were attached to the instant charge.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.02000 – Investigation of Charge

The Board agent did not fully satisfy the requirements of PERB Regulation 32620 and failed (1) to treat the charging party's allegations as true and (2) to leave the weighing of evidence to the administrative law judge following a full evidentiary hearing.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

Regulation 32620. The Board agent did not fully satisfy the requirements of PERB Regulation 32620 and failed (1) to treat the charging party's allegations as true and (2) to leave the weighing of evidence to the administrative law judge following a full evidentiary hearing.