Decision 1489E – Golden Plains Unified School District

SA-CE-2050-E

Decision Date: July 8, 2002

Decision Type: PERB Decision

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Perc Vol: 26
Perc Index: 33098

Decision Headnotes

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

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

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

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.