Decision 1489E – Golden Plains Unified School District
Decision Date: July 8, 2002
Decision Type: PERB Decision
Description: The Board held that Ramirez stated a prima facie case of discrimination against Golden Plains Unified School District in violation of EERA section 3543.5(a), overturning the Board agent’s dismissal.
Disposition: The unfair practice charge is remanded to the Office of the General Counsel.
Perc Vol: 26
Perc Index: 33098
504.02000 – Disparate Treatment
Disparate treatment found where a probationary teacher who received parent complaints and complained about District’s handling of the complaints to the union was not reelected and another probationary teacher, who also received parent complaints but did not complain to the union was reelected.
504.14000 – Other/In General
Where supervisor did not return association representative’s call, District’s lack of responsiveness could also be evidence of a general anti-union animus.
503.01000 – In General
The District’s notice to Ramirez of non-reelection to teach the following school year alleges the adverse action element of a prima facie case of discrimination.
504.04000 – Timing of Action
When the District issued her a notice of non-reelection less than one month after she complained to her union about the District’s handling of parent complaints against her.
1100.02000 – Investigation of Charge
It is not the function of the Board agent to judge the merits of the charging party’s dispute. Disputed facts or conflicting theories of law should be resolved in other proceedings after a complaint has been issued. Issues key to deciding the matter should be left to the Board’s hearing process.