Decision 1246E – Oakdale Union Elementary School District
SA-CE-1703
Decision Date: January 28, 1998
Decision Type: PERB Decision
Description: District appealed proposed decision finding that it had violated EERA when it disciplined employee for reporting alleged safety violations to third party and for harassing a co-worker and discussing union business during work hours.
Disposition: Violation found. District ordered to destroy letters and memoranda in employees’ flies and cease and desist disciplinary actions.
Perc Vol: 22
Perc Index: 29047
Decision Headnotes
1105.04000 – Circumstantial Evidence
Failure to complete a thorough investigation coupled with timing of letter of reprimand is sufficient to support an inference of unlawful motivation; p. 16.
503.03000 – Warning Letters, Reprimands, Evaluations
Letter to reprimand constitutes adverse action; p. 17.
504.04000 – Timing of Action
Failure to complete a thorough investigation coupled with timing of letter of reprimand is sufficient to support an inference of unlawful motivation; p. 16.
101.03000 – NLRA/LMRDA Precedent
Reporting safety issues to third party constitutes participation in the activities of an employee organization and is protected by the EERA where that report is an extension of attempts to resolve safety issues through the Association and the District; p. 18; This result is consistent with NLRB precedent.
300.01000 – In General
Filing grievances and representing members of an employee organization constitute protected activity; p. 16. Reporting safety issues to third party constitutes participation in the activities of an employee organization and is protected by the EERA where that report is an extension of attempts to resolve safety issues through the Association and the District; p. 18.
300.04000 – Individual/Concerted/Activities/Self-Representation
Filing grievances and representing members of an employee organization constitute protected activity; p. 16. Reporting safety issues to third party constitutes participation in the activities of an employee organization and is protected by the EERA where that report was consistent with the CBA and an extension of attempts to resolve safety issues through the Association and the District; p. 18.
300.05000 – Grievances
Filing grievances and representing members of an employee organization constitute protected activity; p. 16.
300.06000 – Demands for Change in Working Conditions
Reporting safety issues to third party constitutes participation in the activities of an employee organization and is protected by the EERA where that report was consistent with the CBA and an extension of attempts to resolve safety issues through the Association and the District; p. 18.
300.13000 – Holding Union Office
Filing grievances and representing members of an employee organization constitute protected activity; p. 16.
300.16000 – Appeals to Other Agencies/Filing of Court Actions
Reporting safety issues to third party constitutes participation in the activities of an employee organization and is protected by the EERA where that report was consistent with the CBA and an extension of attempts to resolve safety issues through the Association and the District; p. 18.
501.02000 – Burden of Proof; Evidence
Where employer takes adverse action in direct response to employee's protected activity, Board finds nexus without resort to circumstantial indicia of unlawful motivation; p. 19. Failure to complete a thorough investigation coupled with timing of letter of reprimand is sufficient to support an inference of unlawful motivation where District fails to demonstrate that it would have taken adverse action despite protected activity; p. 17, note 6.
503.01000 – In General
Letter of reprimand constitutes adverse action; p. 17.
504.08000 – Cursory Investigation
Failure to complete a thorough investigation coupled with timing of letter of reprimand is sufficient to support an inference of unlawful motivation; p. 16.
504.14000 – Other/In General
Where employer takes adverse action in direct response to employee's protected activity, Board finds nexus without resort to circumstantial indicia of unlawful motivation; p. 19.
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
Mere fact that some allegations in letter of reprimand were later shown to be true is insufficient to rebut inference of unlawful motivation where District fails to demonstrate that it would have taken adverse action despite protected activity; p. 17, note 6.