Decision 1512E – Oakland Unified School District
SF-CE-2228-E
Decision Date: March 25, 2003
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge, which alleged that charging party was discharged for protected activity.
Disposition: Dismissed. Charging party failed to establish a nexus between the protected activity and the adverse action. Amended charge was not considered because it was not served on opposing party.
Perc Vol: 27
Perc Index: 45
Decision Headnotes
504.01000 – Prior Employer Unfair Practices; Prior History of Confrontation/Strife/Discord
Without other evidence of discrimination, the fact that charging party acted as a union advocate two years prior to her termination fails to establish the required “nexus” necessary for a prima facie case.
1100.01000 – In General/Prima Facie Case
The allegation that employer’s human resources director appeared to withdraw his support for the employee and stop protection her from disciplinary action is too conclusory and remote to establish a prima facie case.
1107.20000 – Other
On appeal from dismissal, Board refused to consider charging party’s amended charge where charging party failed to serve amended charge on respondent.
504.04000 – Timing of Action
Without other evidence of discrimination, the fact that charging party acted as a union advocate two years prior to her termination fails to establish the required “nexus” necessary for a prima facie case.
1100.04000 – Amendments
Board refused to consider charging party’s amended charge where charging party failed to serve the amended charge on respondent.