Decision 1185E – Healdsburg Union High School District

SF-CE-1774, 1818

Decision Date: February 24, 1997

Decision Type: PERB Decision

Description: Union appealed dismissal of its charge that District retaliated against employee for his exercise of protected rights.

Disposition: Dismissed. Union failed to demonstrate that District’s actions were unlawfully motivated.

View Full Text (PDF)

Perc Vol: 21
Perc Index: 28055

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.01000 – In General

Filing grievances and serving on union negotiating team are protected activities; p. 47, proposed dec.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

Filing grievances and serving on union negotiating team are protected activities; p. 47, proposed dec.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.06000 – Demands for Change in Working Conditions

Filing grievances and serving on union negotiating team are protected activities; p. 47, proposed dec.

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

Filing of grievances and unfair practices is protected activity; p. 47, proposed dec.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.13000 – Holding Union Office

Filing grievances and serving on union negotiating team are protected activities; p. 47, proposed dec.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.14000 – Other/In General

Animus of administrators can be imputed to school Board where information relied on by Board came from administrators and Board, like administrators misidentified documents; p. 52, proposed dec.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.03000 – Misconduct

Insubordination may be met with discipline, notwithstanding protected activitiy.

1405.00000 – GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA
1405.02000 – Type or Nature of Prior Proceeding

Where District both presided over the disciplinary hearing and acted as a party to the action, disciplinary hearing lacked judicial character and the doctrine of collateral estoppel does not apply; p. 51, proposed dec.

1400.00000 – GENERAL LEGAL PRINCIPLES; AGENCY
1400.02000 – Employer Responsibility

Animus of administrators can be imputed to school Board where information relied on by Board came from administrators and Board, like administrators misidentified documents; p. 52, proposed dec.

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.03000 – Conclusiveness of Prior Determination by Federal Agencies, Other State Agencies or Courts

Where District both presided over the discipliniary hearing and acted as a party to the action, disciplinary hearing lacked judicial character and the doctrine of collateral estoppel does not apply; p. 51, proposed dec.

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.02000 – Agents (See also 1400)

Animus of administrators can be imputed to school Board where information relied on by Board came from administrators and Board, like administrators misidentified documents; p. 52, proposed dec.