Decision 1462E – Peralta Community College District

SF-CE-2140-E

Decision Date: September 20, 2001

Decision Type: PERB Decision

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Perc Vol: 26
Perc Index: 33000

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Charging party failed to state a prima facie case of a discrimination violation based on employer's refusal to hire him into a new position because charge only contained allegation of a single indicator of unlawful motive [proximity in time]; a single factor does not, without more, demonstrate the necessary connection or "nexus" between the adverse action and the protected conduct.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.06000 – Statutory and Equitable Tolling

Where charging party filed grievance which made reference to wrong section of collective bargaining agreement, statute of limitations period was not tolled while charging party utilized grievance procedure because employer was not put on notice of complained of conduct.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

Allegation that employer terminated employment subject to deferral because termination is arguably prohibited by the applicable collective bargaining agreement.