Decision 1555E – San Jose Unified School District

SF-CE-2323-E

Decision Date: November 10, 2003

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 28
Perc Index: 12

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.03000 – Departure from Past Practices or Procedures

Allegation that District departed from established seniority system in determining layoff order is a factor establishing nexus.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications

District targeted for layoff “Programmer III” positions but not “Lead Programmer III” positions on the grounds that the two positions perform different duties. Allegation that both positions in fact perform identical functions established that District’s justification was false and supported a finding of nexus.