Decision 1522E – Sonoma Valley Unified School District
Decision Date: May 13, 2003
Decision Type: PERB Decision
Description: The Board affirmed dismissal of the unfair practice charge, which alleged that the District, through various conduct, retaliated against her for protected activity. The Board agent found that DeLauer’s prior PERB charges against her union and the community college she attended were protected activity, but that she failed to demonstrate adverse action by the district or nexus to protected activity.
Disposition: Dismissal affirmed. No good cause to accept additional documents and allegations on appeal.
Perc Vol: 27
Perc Index: 72
503.01000 – In General
To establish an adverse action, the test that must be satisfied is not whether the employee found the employer’s action to be adverse, but whether a reasonable person under the same circumstances would consider the action to have an impact on the employee’s employment.
1109.01000 – In General
Board refused to consider new allegations on appeal where charging party had not shown why the allegations could not have been brought earlier.