Decision 1538E – Berkeley Unified School District
SF-CE-2295-E
Decision Date: June 24, 2003
Decision Type: PERB Decision
Description: The Board reversed the Board agent’s dismissal of unfair practice charge, which alleged retaliation for protected activity. Case remanded for further processing.
Disposition: Reversed and remanded for further processing. District’s statement that it took the alleged adverse action, “because the Union had filed a grievance . . .” provides a direct link between the filing of the grievance and the alleged adverse action. Thus, charging party has established the requisite “nexus” in order to establish a prima facie case.
Perc Vol: 27
Perc Index: 95
Decision Headnotes
504.02000 – Disparate Treatment
Disparate treatment, or the lack thereof, is helpful as circumstantial evidence of intent. However, where direct evidence of intent exists, circumstantial evidence of intent, or the lack thereof, is not necessary to establish a prima facie case.
504.12000 – Employer Statements or Conduct; Threats
District’s statement that it took the alleged adverse action, “because the Union had filed a grievance . . .” provides a direct link between the filing of the grievance and the alleged adverse action. Thus, charging party has established the requisite “nexus” in order to establish a prima facie case.