Decision 1512E – Oakland Unified School District

SF-CE-2228-E

Decision Date: March 25, 2003

Decision Type: PERB Decision

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Perc Vol: 27
Perc Index: 45

Decision Headnotes

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

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

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

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.04000 – Amendments

Board refused to consider charging party’s amended charge where charging party failed to serve the amended charge on respondent.