Decision 1248E – Alisal Union Elementary School District

SF-CE-1901

Decision Date: January 28, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29049

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.01000 – In General

Letter responding to discipline is exercise of employee's protected right to represent herself in her employment relations with the District; p. 5.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.04000 – Individual/Concerted/Activities/Self-Representation

Letter responding to discipline is exercise of employee's protected right to represent herself in her employment relations with the District; p. 5.

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

Disciplinary memorandum constituted harm because it tended to chill employee rebuttal to disciplinary memoranda; p. 13, proposed dec. Where employer had no business justification for disciplining employee based on protected activity, harm to employee rights outweighed employer's proffered business justification; p. 14, proposed dec.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Disciplinary memorandum placed in employee's personnel file constitutes adverse action for purposes of the EERA; p. 5.

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

Disciplinary memorandum placed in employee's personnel file constitutes adverse action for purposes of the EERA; p. 5.


504.14000 – Other/In General

Where District issued disciplinary memorandum in direct response to protected activity, Board finds it unnecessary to resort to circumstantial indicia of unlawful motivation; p. 6.