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.

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Perc Vol: 23
Perc Index: 30126

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.