Decision 1164E – Barstow Unified School District

LA-CE-3481

Decision Date: August 7, 1996

Decision Type: PERB Decision

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Perc Vol: 20
Perc Index: 27125

Decision Headnotes

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
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.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
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.

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

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
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.