Decision 1532E – Los Angeles Unified School District
LA-CE-4389-E
Decision Date: June 23, 2003
Decision Type: PERB Decision
Description: The Board reversed the Board agent’s dismissal of charge alleging retaliation.
Disposition: Reversed. District’s vague and inadequate explanations for refusing to re-hire employee who had satisfactory performance evaluations constitute circumstantial evidence that District was motivated by anti- union animus. Sufficient nexus is established. Complaint ordered issued.
Perc Vol: 27
Perc Index: 92
Decision Headnotes
504.06000 – Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase
District’s explanation that applicant was rejected for re-employment because reference letter failed as to “quality” is inconsistent with the District’s previous evaluations of employee’s performance, and thus, is circumstantial evidence that employee was not rehired because of his protected activities.
504.14000 – Other/In General
Charge alleged that District was satisfied with employee’s performance up to employee’s departure. Afterwards, District’s only contact with employee was in employee’s position as union representative. District’s refusal to re-hire employee because employee’s District reference was inadequate is circumstantial evidence that District was motivated by anti-union animus.
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
District’s explanation that applicant was rejected for re-employment because reference letter failed as to “quality/recency/appropriateness” was exaggerated, vague, and/or ambiguous. District has provided no explanation to employee as to how his reference letter failed as to quality, recency, and/or appropriateness. Board finds that the District’s inadequate explanation is further circumstantial evidence that the District acted with discriminatory animus.
1107.20000 – Other
On appeal Board will not entertain party’s attempt to submit evidence in its brief that it failed to provide during investigation of the case.