Decision 1469E – Los Angeles Unified School District

LA-CE-4066-E

Decision Date: November 29, 2001

Decision Type: PERB Decision

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Perc Vol: 26
Perc Index: 33023

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.02000 – Disparate Treatment

Report of employee's activities at staff meeting at request of supervisor consisted of trivial complaints which would not be noticed or reported unless requested by supervisor and amounted to spying which was not an established personnel practice. District's failure to nominate teacher for mentor teacher status in the face of uncontested evidence to contrary shows employee treated in a disparate manner. District's failure to give teacher an opportunity to improve program shows teacher treated in a disparate manner.

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

Report of employee's activities at staff meeting at request of supervisor consisted of trivial complaints which would not be noticed or reported unless requested by supervisor and amounted to spying which was not an established personnel practice.

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

Teacher's return to campus following principal's aborted attempt to get rid of teacher closely followed by adverse action. Return to an unblemished evaluation after resignation of union site chapter chair supports nexus between protected activity and the receipt of improved evaluation.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.05000 – Union Activity of Discriminatee

Employees tenure as union site's chapter chair, filing of previous unfair practice charge and various discussions with principal on behalf of fellow teachers sufficient to establish protected activity.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications

District's failure to give teacher an opportunity to improve program shows teacher treated in a disparate manner. Purported justification of "anonymous complaints, safety considerations and [school's] low test scores" unsupported by any other evidence and found not credible therefore support an inference of unlawful motivation. Even if afterschool program was deficient in some manner, terminating program coordinator fifty-seven days after first putting her on notice of such deficiencies, clearly supports a conclusion District's actions were not the result of a routine, arms-length personnel decision.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.16000 – Disqualification or Bias of Board Agent

Opinions of ALJ regarding evidence arrived at after hearing testimony insufficient to establish bias of ALJ. Contacting settlement ALJ without notice to parties to ascertain availability to continue settlement discussions insufficient to establish bias of ALJ. Suggesting it was in one parties interest "primarily" to settle in the context of informing all parties to settle insufficient to establish bias of ALJ.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.01000 – In General

Board's statutory authority includes the authority to award front pay - a monetary award for loss of anticipated future earnings had the employee not been subject to unlawful discrimination - when an order of reinstatement is not appropriate. Award of front pay includes a duty to mitigate damages.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.03000 – Back Pay; Interest

Board's statutory authority includes the authority to award front pay - a monetary award for loss of anticipated future earnings had the employee not been subject to unlawful discrimination - when an order of reinstatement is not appropriate. Award of front pay includes a duty to mitigate damages.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.06000 – Prior Reinstatement Offers

District witness testimony combined with documentary evidence regarding termination insufficient to establish an offer of employment was made by District.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.08000 – Other

Board's statutory authority includes the authority to award front pay - a monetary award for loss of anticipated future earnings had the employee not been subject to unlawful discrimination - when an order of reinstatement is not appropriate. Award of front pay includes a duty to mitigate damages.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.03000 – Notices; Posting, Reading, and Mailing

Despite only one affected employee, unit wide posting appropriate as other unit employees and District personnel would naturally be concerned to know that the District's actions at issue have been found unlawful; posting provides guidance and can prevent the recurrence of prohibited conduct on a unit wide basis.

1400.00000 – GENERAL LEGAL PRINCIPLES; AGENCY
1400.02000 – Employer Responsibility

The District is liable for its agent's acts which caused the termination of an employee from her employment outside of the District based upon the employees' protected activities.