Decision 1232E – Chula Vista Elementary School District

LA-CE-3777

Decision Date: November 19, 1997

Decision Type: PERB Decision

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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.


504.14000 – 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.