Decision 1232E – Chula Vista Elementary School District * * * OVERRULED IN PART by Visalia Unified School District (2022) PERB Decision No. 2806
LA-CE-3777
Decision Date: November 19, 1997
Decision Type: PERB Decision
* * * OVERRULED IN PART by Visalia Unified School District (2022) PERB Decision No. 2806 * * *
Description: Union appealed dismissal and deferral to arbitration of its charge against the District for allegedly discriminating against unit members and changing its policy regarding facsimile machines.
Disposition: Dismissed and deferred to arbitration.
Perc Vol: 22
Perc Index: 29012
Decision Headnotes
300.01000 – In General
Although it is well established that representing members of an employee orgainzation constitutes protected activity, simply holding a union office, like maintaining union membership prior to the adverse action is insufficient to satisfy the timing element of the Novato test; p. 4.
300.13000 – Holding Union Office
Although it is well established that representing members of an employee organization constitutes protected activity, simply holding a union office, like maintaining union membership prior to the adverse action is insufficient to satisfy the timing element of the Novato test; p. 4.
504.04000 – Timing of Action
Although it is well established that representing members of an employee organization constitutes protected activity, simply holding a union office, like maintaining union membership prior to the adverse action, is insufficient to satisfy the timing element of the Novato test; p. 4.
504.14000 – Other/In General
Single indication of unlawful motivation insufficient to support prima facie case for discrimination violation; p. 4.
1101.01000 – In General
Government Code section 3541.5(a)(1) precludes the Board from issuing a complaint in respect of any charge based on an alleged unfair practice occurring more than six months prior to the filing of the charge; p. 7, warning letter.
1102.01000 – Pre-Arbitration
Where MOU contained grievance procedure ending in binding arbitration and arguably prohibited District from unilaterally implementing new policy regarding use of facsimile machines, Board deferred unilateral change allegation to arbitration; pp. 4-5, dismissal letter.