Decision 1431E – Los Angeles Unified School District

LA-CE-4232-E

Decision Date: April 30, 2001

Decision Type: PERB Decision

Description: The Board dismissed the unfair practice charge. The charge alleged that the employer discriminated against the charging party because of his protected activity.

Disposition: Dismissed. There was no prima facie case of retaliation where the only evidence of the charging party’s protected activity consisted of contacting the union regarding notice of unsatisfactory conduct and where facts demonstrated that the charging party’s termination was based on excessive absences, not because of contact with union.

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Perc Vol: 25
Perc Index: 32061

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

No prima facie case of retaliation where only evidence of protected activity in the record consisted of contacting union regarding Notice of Unsatisfactory Conduct and where facts demonstrated termination was based on excessive absences and absent without leave status, not because of contact with union.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation

No prima facie case of retaliation where only evidence of protected activity in the record consisted of contacting union regarding Notice of Unsatisfactory Conduct and where facts demonstrated termination was based on excessive absences and absent without leave status, not because of contact with union.