Decision 1442E – Fremont Unified School District
SF-CE-2150-E
Decision Date: June 7, 2001
Decision Type: PERB Decision
Description: The Board partially dismissed the unfair practice charge, which alleged that the employer violated EERA by engaging in discrimination and retaliation because of the charging party’s protected activity, making threats, and engaging in collusion with the charging party’s exclusive representative.
Disposition: Unfair practice charge partially dismissed. There is no prima facie case of interference or retaliation where the charge contains only limited evidence of what could be construed as harassment; also, evidence of previous PERB charges are insufficient to assist the charging party in establishing a prima facie violation of EERA.
Perc Vol: 25
Perc Index: 32082
Decision Headnotes
400.01000 – In General; Standards
No prima facie case of interference or retaliation where charge contains only limited evidence of what could be construed as harassment. Allegation of "threatened board action" concerning the failing grade given to a cheating student failed to provide a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice as required by PERB regulation 32615 (a) in order to permit PERB to determine whether a prima facie case has been stated. Allegations of "procedural hurdles" encountered before having grievances heard insufficient to establish prima facie case of interference or retaliation where alleged harm is principally delay and not the inability to obtain a forum for her claims.
503.01000 – In General
No prima facie case of interference or retaliation where charge contains only limited evidence of what could be construed as harassment. Allegation of "threatened board action" concerning the failing grade given to a cheating student failed to provide a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice as required by PERB Regulation 32615 (a) in order to permit PERB to determine whether a prima facie case has been stated. Allegations of "procedural hurdles" encountered before having grievances heard insufficient to establish prima facie case of interference or retaliation where alleged harm is principally delay and not the inability to obtain a forum for her claims.
504.01000 – Prior Employer Unfair Practices; Prior History of Confrontation/Strife/Discord
Previous PERB charges offered as "evidence of previous collusion" insufficient to assist charging party in establishing a prima facie violation of EERA.
1503.03000 – Regulations Considered (By Number) (Continued)
Allegation of "threatened board action" concerning the failing grade given to a cheating student failed to provide a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice as required by PERB regulation 32615 (a) in order to permit PERB to determine whether a prima facie case has been stated.