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 * * *

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Perc Vol: 25
Perc Index: 32007

Decision Headnotes

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

Employee required to develop a policy on destruction of classroom possessions was disparetly treated by employer.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.03000 – Departure from Past Practices or Procedures

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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.08000 – Cursory Investigation

Where employer did no investigation and didn't speak to the parent, the investigation was cursory and incomplete.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.03000 – Notices; Posting, Reading, and Mailing

Notice posting required in discrimination case.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.04000 – Attorneys Fees and Costs

No fees where respondent's claims had merit.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.08000 – Expunging Employee Personnel Files

Letter of reprimand based on protected activity should be removed from personnel file and destroyed.