Decision 1164E – Barstow Unified School District
LA-CE-3481
Decision Date: August 7, 1996
Decision Type: PERB Decision
Description: Association alleged that District denied an employee union representation and unlawfully retaliated against her.
Disposition: Dismissed. Employee not entitled to union representation under the particular circumstances, and unlawful retaliation not proven.
Perc Vol: 20
Perc Index: 27125
Decision Headnotes
408.03000 – Investigatory Interviews
No reasonable perception of investigatory interview leading to discipline or highly unusual circumstances where meeting was called without warning to employee, employer remarks that conference concerned a student problem, remarks were confrontational, no comments hinted at possible discipline and no discipline followed.
408.04000 – Highly Unusual Circumstances
No reasonable perception of investigatory interview leading to discipline or highly unusual circumstances where meeting was called without warning to employee, employer remarks that conference concerned a student problem, remarks were confrontational, no comments hinted at possible discipline and no discipline followed.
504.04000 – Timing of Action
Timing without additional direct or circumstantial evidence of nexus is insufficient to state a prima facie case; pp. 2-3; pp. 28-29, proposed dec.
408.01000 – In General
No reasonable perception of investigatory interview leading to discipline or highly unusual circumstances where meeting was called without warning to employee, employer remarks that conference concerned a student problem, remarks were confrontational, no comments hinted at possible discipline and no discipline followed.