Decision 1560E – Coast Community College District
Decision Date: December 5, 2003
Decision Type: PERB Decision
Description: Union alleged that district violated EERA by discriminating against instructor for protected activities. Board adopted proposed decision dismissing charge and complaint.
Disposition: Board dismissed charge and complaint.
Perc Vol: 28
Perc Index: 22
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
District’s contention that employee was suspended for potential violent behavior is inconsistent with the seventeen-day delay between the incident and that District’s imposition of the suspension and initiation of an investigation.
504.08000 – Cursory Investigation
District’s failure to examine employee’s role in submission of incomplete report despite its insistence that employee committed misconduct constituted a cursory investigation supporting an inference of discrimination.
505.07000 – Offensive Personal Characteristics
Employee’s failure to peacefully coexist with other employees, refusal to comply with the chain of command, and refusal to accept supervision sufficiently supported District’s defense that it would have taken adverse action against the employee even absent any protected activity.