Decision 1439E – Sweetwater Union High School District

LA-CE-4238-E

Decision Date: May 22, 2001

Decision Type: PERB Decision

Description: The Board dismissed the charge for failure to state a prima facie case. The charge alleged that the employer violated the EERA by placing employee on administrative leave.

Disposition: Dismissed. Although the adverse action followed closely the charging party’s protected activity, there was no retaliation because the employer’s action was consistent with its policy.

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Perc Vol: 25
Perc Index: 32072

Decision Headnotes

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

Although alleged adverse action closely followed charging party's protected activity [participation in a meeting with union representative], no retaliation where employer placed employee on administrative leave and pay pending investigation because such action was consistent with employer's policy.