Decision 1331E – Pasadena Unified School District
Decision Date: May 13, 1999
Decision Type: PERB Decision
Description: Employee appealed his unfair practice charge alleging the District violated EERA by discriminating against him for his participation in protected activities.
Disposition: Dismissed. Charge failed to demonstrate requisite nexus between adverse action and protected conduct.
Perc Vol: 23
Perc Index: 30118
501.01000 – In General; Elements of Prima Facie Case
A charge which fails to demonstrate the requisite nexus between the adverse action and the charging party's protected activities does not state a prima facie violation of the EERA; p. 5, warning letter.
504.03000 – Departure from Past Practices or Procedures
The District did not depart from established practice when it removed a substitute teacher from the District's substitute teacher list because he refused to answer questions regarding two serious complaints against him; p. 4, warning letter. The employer had provided specific reasons for the adverse action and did not provide vague and ambiguous reasons when it provided that "[the employee's] refusal to respond is an act of insubordination designed to circumvent the district's obligation and responsibility to conduct an investigation into allegations of wrongdoing"; p. 4., warning letter. A charge which fails to demonstrate the requisite nexus between the adverse action and the charging party's protected activities does not state a prima facie violation of the EERA; p. 5, warning letter.