Decision 1229E – Sulphur Springs Union Elementary School District (Garcia)

LA-CE-3775

Decision Date: November 13, 1997

Decision Type: PERB Decision


Description: Employee appealed dismissal of unfair practice charge against District claiming it violated her rights when it gave her two unfavorable evaluations.

Disposition: Dismissed. Employee failed to show she participated in protected activity.

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Perc Vol: 22
Perc Index: 29009

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Where charge failed to allege that charging party participated in any protected activity prior to adverse actions or that any protected activity motivated the respondent's actions, charge failed to state a cause of action for discrimination under the EERA; p. 4-5, warning letter.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

Charge must allege the "who, what, when, where, and how" of an unfair practice charge United Teachers of Los Angeles (Ragsdale) (1992) PERB Decision No. 944; p. 4, warning letter. Mere legal conclusions without sufficient supporting facts are insufficient to state a prima facie case; p. 3, warning letter.