Decision 1246E – Oakdale Union Elementary School District

SA-CE-1703

Decision Date: January 28, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29047

Decision Headnotes

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.03000 – Warning Letters, Reprimands, Evaluations

Letter to reprimand constitutes adverse action; p. 17.

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

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

Filing grievances and representing members of an employee organization constitute protected activity; p. 16.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.13000 – Holding Union Office

Filing grievances and representing members of an employee organization constitute protected activity; p. 16.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
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.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Letter of reprimand constitutes adverse action; p. 17.

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

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.