Decision 1375E – Pomona Unified School District

LA-CE-3967

Decision Date: February 28, 2000

Decision Type: PERB Decision

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Perc Vol: 24
Perc Index: 31060

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.15000 – Speech

Charging party's letters were uncomplimentary to employer and expressed belief that she had been wronged but did not lose their protection as "opprobrious, flagrant, insulting, defamatory, insubordinate, or fraught with malice" as to cause "substantial disruption of or material interference with school activities." (Rancho Santiago Community College District (1986) PERB Decision No. 602.)

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.03000 – Misconduct

Charging party's letters were uncomplimentary to employer and expressed belief that she had been wronged but did not lose their protection as "opprobrious, flagrant, insulting, defamatory, insubordinate, or fraught with malice" as to cause "substantial disruption of or material interference with school activities." (Rancho Santiago Community College District (1986) PERB Decision No. 602.)

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.11000 – Legitimate Business Purpose/Business Necessity

The preponderance of the evidence also shows that the employee would have been refused summer school employment regardless of any protected activity, because the District had a policy against selecting temporary and/or emergency credentialed teachers. Even assuming the burden of proof shifted to the District, the preponderance of the evidence shows that the employee would have been refused a contract for the math/science position regardless of any protected activity, because the District's credentialing specialist determined that she did not qualify for the position. Termination letter citing Charging party's actions as unprofessional and which finds charging party's out bursts, intimidating letters, and demands to meet does not provide evidence of nexus. Passing reference to union falls far short of furnishing evidence that employee's union contacts (or her attempts to represent herself) were the District's true motive for terminating her employment.