Decision 1248E – Alisal Union Elementary School District
SF-CE-1901
Decision Date: January 28, 1998
Decision Type: PERB Decision
Description: District and Union appealed proposed decision finding District violated EERA when it placed disciplinary memorandum in employee’s personnel file.
Disposition: Violation found. District ordered to destroy letters in employee’s personnel file and remove reference to other disciplinary actions by District.
Perc Vol: 22
Perc Index: 29049
Decision Headnotes
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.
300.04000 – 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.
400.01000 – 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.
503.01000 – In General
Disciplinary memorandum placed in employee's personnel file constitutes adverse action for purposes of the EERA; p. 5.
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.