Decision 1518E – Compton Unified School District

LA-CE-4245-E

Decision Date: April 18, 2003

Decision Type: PERB Decision

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Perc Vol: 27
Perc Index: 56

Decision Headnotes

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.02000 – Agents (See also 1400)

Allegation in complaint that employer instructed employee to warn new teachers not to be influenced by union placed employer on notice that agency was at issue in the case. Even if employer was not placed on notice by the complaint, the agency issue could be addressed as an unalleged violation since the issue was addressed at hearing, both parties presented evidence on the issue and cross-examined witnesses, and both parties thoroughly briefed the issue establish that the issue. Although employee was not an actual agent of the employer, employee acted with ostensible or apparent authority when she entered a union meeting and warned all new teachers to leave. Employer accepted responsibility for employee’s actions by refusing to disavow or repudiate employee’s actions when they become known.

402.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; QUESTIONING/INTERROGATING EMPLOYEES
402.03000 – Union Activities or Membership

Employer unlawfully interfered with the exercise of protected activity by demanding that an employee reveal who called a union meeting and then removing the employee from her position when she failed to comply.

402.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; QUESTIONING/INTERROGATING EMPLOYEES
402.05000 – Attendance or Transactions at Union Meetings

Employer unlawfully interfered with the exercise of protected activity by demanding that an employee reveal who called a union meeting and then removing the employee from her position when she failed to comply.

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
404.04000 – Meetings

Employer unlawfully interfered with the exercise of protected activity by warning new teachers that, “if you know what’s good for you, you better leave now.”

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
405.02000 – Express or Implied Threats

Employer unlawfully interfered with the exercise of protected activity by warning new teachers that, “if you know what’s good for you, you better leave now.”

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Loss of pay or benefits are not sole factors in determining whether employee has suffered an adverse action. Employee’s removal from school leadership team was an adverse action where service on the team was considered prestigious and reasonable people would consider the removal to have an adverse impact on the employee’s career.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities

Loss of pay or benefits are not sole factors in determining whether employee has suffered an adverse action. Employee’s removal from school leadership team was an adverse action where service on the team was considered prestigious and reasonable people would consider the removal to have an adverse impact on the employee’s career.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.01000 – In General

Allegation in complaint that employer instructed employee to warn new teachers not to be influenced by union placed employer on notice that agency was at issue in the case. Even if employer was not placed on notice by the complaint, the agency issue could be addressed as an unalleged violation since the issue was addressed at hearing, both parties presented evidence on the issue and cross-examined witnesses, and both parties thoroughly briefed the issue establish that the issue.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

Allegation in complaint that employer instructed employee to warn new teachers not to be influenced by union placed employer on notice that agency was at issue in the case. Even if employer was not placed on notice by the complaint, the agency issue could be addressed as an unalleged violation since the issue was addressed at hearing, both parties presented evidence on the issue and cross-examined witnesses, and both parties thoroughly briefed the issue establish that the issue.

1400.00000 – GENERAL LEGAL PRINCIPLES; AGENCY
1400.02000 – Employer Responsibility

Although employee was not an actual agent of the employer, employee acted with ostensible or apparent authority when she entered a union meeting and warned all new teachers to leave. Employer accepted responsibility for employee’s actions by refusing to disavow or repudiate employee’s actions when they become known.

1400.00000 – GENERAL LEGAL PRINCIPLES; AGENCY
1400.01000 – In General

Although employee was not an actual agent of the employer, employee acted with ostensible or apparent authority when she entered a union meeting and warned all new teachers to leave. Employer accepted responsibility for employee’s actions by refusing to disavow or repudiate employee’s actions when they become known.