Decision 1442E – Fremont Unified School District

SF-CE-2150-E

Decision Date: June 7, 2001

Decision Type: PERB Decision

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Perc Vol: 25
Perc Index: 32082

Decision Headnotes

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
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.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.