Decision 1052E – Scotts Valley Union Elementary School District
Decision Date: August 24, 1994
Decision Type: PERB Decision
Perc Vol: 18
Perc Index: 25115
300.05000 – Grievances
Filing a grievance protesting an assignment is a protected activity; p. 17.
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.
501.01000 – 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.
504.04000 – Timing of Action
Timing plus shifting justifcations are sufficient to demonstrate nexus.
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.
505.11000 – 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.