Decision 1052E – Scotts Valley Union Elementary School District

SF-CE-1575

Decision Date: August 24, 1994

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 18
Perc Index: 25115

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

Filing a grievance protesting an assignment is a protected activity; p. 17.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.17000 – Other

Protected activity found teacher insisted on adherence to the contract with respect to the workdays required of the counselor; p. 17. Protected activity found when charging party efforts to avoid teachers having to meet after school; pp. 17-18.

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

To prevail on a retaliatory adverse action charge the charging party must reestablish that the employee was engaged in protected activity, the activities were known to the employer, and the employer took adverse action because of such activity; p. 16.

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

Timing plus shifting justifcations are sufficient to demonstrate nexus.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.01000 – In General

Once an inference of unlawful motivation is made, the burden of proof shifts to the employer to establish that it would have taken the action complained of, regardless of the employee's protected activities; p. 17.

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

Sufficient evidence exists showing that communication between a teacher and administration officials was causing a disruption at the school and a transfer would have occurred notwithstanding her involvement in protected activities; p. 5.