Decision 1532E – Los Angeles Unified School District

LA-CE-4389-E

Decision Date: June 23, 2003

Decision Type: PERB Decision

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Perc Vol: 27
Perc Index: 92

Decision Headnotes

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

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

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.