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.
Perc Vol: 25
Perc Index: 32061
Decision Headnotes
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.
503.07000 – 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.