Decision 1412E – Alisal Union Elementary School District * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M
SF-CE-2052-E
Decision Date: October 10, 2000
Decision Type: PERB Decision
* * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M * * *
Description: The Board found that the employer violated the EERA when it issued a letter of reprimand to an employee in retaliation for her protected activities.
Disposition: Violation found. The Board found evidence of disparate treatment, departure from standard procedure, and cursory investigation.
Perc Vol: 25
Perc Index: 32007
Decision Headnotes
504.02000 – Disparate Treatment
* * * OVERRULED IN PART ON OTHER GROUNDS by County of Santa Clara (2017) PERB Decision No. 2539-M. * * *
Employee required to develop a policy on destruction of classroom possessions was disparately treated by employer.
504.03000 – Departure from Past Practices or Procedures
* * * OVERRULED IN PART ON OTHER GROUNDS by County of Santa Clara (2017) PERB Decision No. 2539-M. * * *
District's denial of employee's right to address Board of Trustees regarding the complaint and prematurely issuing the letter of reprimand departed from District procedure.
504.08000 – Cursory Investigation
* * * OVERRULED IN PART ON OTHER GROUNDS by County of Santa Clara (2017) PERB Decision No. 2539-M. * * *
Where employer did no investigation and didn't speak to the parent, the investigation was cursory and incomplete.
1205.03000 – Notices; Posting, Reading, and Mailing
* * * OVERRULED IN PART ON OTHER GROUNDS by County of Santa Clara (2017) PERB Decision No. 2539-M. * * *
Notice posting required in discrimination case.
1205.04000 – Attorneys Fees and Costs
* * * OVERRULED IN PART ON OTHER GROUNDS by County of Santa Clara (2017) PERB Decision No. 2539-M. * * *
No fees where respondent's claims had merit.
1205.08000 – Expunging Employee Personnel Files
* * * OVERRULED IN PART ON OTHER GROUNDS by County of Santa Clara (2017) PERB Decision No. 2539-M. * * *
Letter of reprimand based on protected activity should be removed from personnel file and destroyed.