Decision 1192E – Los Angeles Unified School District (Summer)

LA-CE-3708

Decision Date: April 9, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28072

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Close timing of adverse action to protected conduct not enough to demonstrate nexus.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.