Decision 1335E – Fresno Unified School District

SA-CE-1883

Decision Date: June 25, 1999

Decision Type: PERB Decision

Description: The Board summarily dismissed the unfair practice charge filed by the Union on behalf of an employee alleging that the District violated EERA by discriminating against the employee for his participation in protected activities.

Disposition: Dismissal. Employee failed to prove a nexus between his protected activities and the adverse action.

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Perc Vol: 23
Perc Index: 30127

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.02000 – Disparate Treatment

No disparate treatment where other substitutes who were not fired did not receive as many negative evaluations nor had they received a warning letter.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

Where the union did not choose to appeal the dismissal of a charge, the Board ordered the joinder of the real party in interest to allow the individual to protect his interest in the dismissed charge pursuant to PERB Regulation section 32164 (d)(2)(A; pp. 1-2.