Decision 1300E – Los Angeles Unified School District (Seliga)

LA-CE-3946

Decision Date: November 24, 1998

Decision Type: PERB Decision

Description: Employee appealed dismissal of her unfair practice charge alleging the District retaliated against her for her exercise of protected activities.

Disposition: Dismissed   Employee failed to prove a prima facie case of retaliation.

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Perc Vol: 23
Perc Index: 30015

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.03000 – Departure from Past Practices or Procedures

District did not depart from established procedures where District's actions where collective bargaining agreement contemplates District's actions; pp. 2-3, dismissal letter.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Time lapse of five or six months between alleged portected activity and adverse action does not establish temporal proximity sufficient to support indicia of unlawful motivation; pp. 1-2, dismissal letter. Failure to allege facts from which Board agent could determine the timing of protected activity precluded finding of temporal proximity; p. 2, dismissal letter.