Decision 1192E – Los Angeles Unified School District (Summer)
LA-CE-3708
Decision Date: April 9, 1997
Decision Type: PERB Decision
Description: Employee appealed dismissal of her charge that District unlawfully retaliated against her.
Disposition: Dismissed. Employee failed to demonstrate that District’s action was unlawfully motivated.
Perc Vol: 21
Perc Index: 28072
Decision Headnotes
501.01000 – In General; Elements of Prima Facie Case
To demonstrate a violation of EERA section 3543.5(a), the charging party must show: (1) the employee exercised rights under EERA; (2) the employer had knowledge of the exercise of those rights; and (3) the employer imposed or threatened to impose reprisals, discriminated or threatened to discriminate, or otherwise interfered with, restrained or coerced the employee because of the exercise of those rights; p. 1, dismissal letter; p. 2, warning letter.
504.04000 – Timing of Action
Close timing of adverse action to protected conduct not enough to demonstrate nexus.
1101.03000 – Computation of Six-Month Period
Under EERA section 3541.5(a), the Board may not issue a complaint based on conduct occurring more than six months prior to the filing of the charge; p. 1, warning letter.