Decision 1334E – Madera County Office of Education
SA-CE-1858
Decision Date: June 25, 1999
Decision Type: PERB Decision
Description: Employee filed exceptions to Board agent’s decision dismissing his unfair practice charge alleging that the Office of Education retaliated against him for exercise of his protected conduct in violation of EERA.
Disposition: Dismissed. Insufficient evidence to support an inference of unlawful motivation.
Perc Vol: 23
Perc Index: 30126
Decision Headnotes
300.04000 – Individual/Concerted/Activities/Self-Representation
Protesting a training session created by fellow employees is protected as an exercise in the right of self representation.
300.06000 – Demands for Change in Working Conditions
Protesting a training session created by fellow employees is protected as an exercise in the right of self representation.
504.02000 – Disparate Treatment
Where no evidence was proffered regarding the treatment of any other similarly situated employee, it is not possible to determine if disparate treatment of the employee existed which could indicate a nexus between an adverse employer action and the employee's protected activity for purposes of proving a violation of EERA section 3543.5(a); p. 22, proposed dec.
504.04000 – Timing of Action
Timing alone is insufficient to create an inference of a nexus between protected activity and negative personnel actions; p. 22, proposed dec.