Decision 1557E – Chula Vista Elementary School District

LA-CE-4382-E

Decision Date: November 20, 2003

Decision Type: PERB Decision

Description:  Charge alleged that employer discriminated against charging party for protected activities.  Board found charge failed to establish prima facie case.

Disposition:  Board dismissed charge.

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Perc Vol: 28
Perc Index: 14

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.14000 – Other/In General

Where charging party had no evidence that adverse actions were taken in response to protected activity, charge was properly dismissed for failure to establish the required nexus.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.02000 – Investigation of Charge

Failure to specifically discuss each allegation by the Board agent did not require reversal of the dismissal because the allegations, when treated as true did not state a prima facie case. Use of respondent’s facts where not in conflict with charging party’s allegations is proper.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Failure to specifically discuss each allegation by the Board agent did not require reversal of the dismissal because the allegations, when treated as true did not state a prima facie case. Use of respondent’s facts where not in conflict with charging party’s allegations is proper.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.11000 – Response to Charge

Failure to specifically discuss each allegation by the Board agent did not require reversal of the dismissal because the allegations, when treated as true did not state a prima facie case. Use of respondent’s facts where not in conflict with charging party’s allegations is proper.