Decision 1325E – Los Angeles Community College District

LA-CE-4006

Decision Date: April 13, 1999

Decision Type: PERB Decision

Description: Employee appealed Board agent’s dismissal of his unfair practice charge against the District for violation of EERA when it terminated his employment in retaliation for his protected activities.

Disposition: Dismissed. Facts did not support allegation that employer’s action was based on employee’s protected conduct.

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Perc Vol: 23
Perc Index: 30096

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.02000 – Burden of Proof; Evidence

Charge must allege facts from which Board agent may infer improper motive for District's actions - mere assertions are insufficient; p. 3, warning letter. Allegations that a newspaper article and a failure to follow proper evaluation procedures supported a finding of nexus are not credit because facts do not support the allegations.

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

Lapse of several years between protected activity and adverse action does not support a finding of nexus between activity and adverse action; p. 3, warning letter.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

Allegations that a newpaper article and a failure to follow proper evaluation procedures supported a finding of nexus are not credit because facts do not support the allegations.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

Charge must allege facts from which Board agent may infer improper motive for District's actions - mere assertions are insufficient; p. 3, warning letter. Allegations that a newspaper article and a failure to follow proper evaluation procedures supported a finding of nexus are not credit because facts do not support the allegations.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Charge must allege facts from which Board agent may infer improper motive for District's actions - mere assertions are insufficient; p. 3, warning letter.