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.

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Perc Vol: 22
Perc Index: 29012

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

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

Single indication of unlawful motivation insufficient to support prima facie case for discrimination violation; p. 4.

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

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
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.