Decision 1561E – Bellevue Union Elementary School District
SF-CE-2223-E
Decision Date: December 8, 2003
Decision Type: PERB Decision
Description: Union alleged that district violated EERA by discriminating against two teachers for protected activities. Board declined to adopt proposed decision. Board found that district would have terminated teachers even absent protected activities.
Disposition: Board dismissed charge and complaint.
Perc Vol: 28
Perc Index: 24
Decision Headnotes
300.04000 – Individual/Concerted/Activities/Self-Representation
In work-to-contract cases, the inquiry focuses on whether the activities which were not performed are voluntary or required. A refusal to perform purely voluntary duties is protected conduct, while the refusal to perform normally required to assigned duties is not.
300.17000 – Other
In work-to-contract cases, the inquiry focuses on whether the activities which were not performed are voluntary or required. A refusal to perform purely voluntary duties is protected conduct, while the refusal to perform normally required to assigned duties is not.
301.07000 – Refusal to Perform Duties
In work-to-contract cases, the inquiry focuses on whether the activities which were not performed are voluntary or required. A refusal to perform purely voluntary duties is protected conduct, while the refusal to perform normally required to assigned duties is not.
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
Mere lack of good cause for non-reelection of employees does not, by itself, support an inference of unlawful animus. District was within its rights to establish a policy of granting tenure only to those teachers receiving superior performance ratings, as opposed to merely satisfactory ones. Accordingly, District established that it would have not reelected the employees even absent any protected activity.
505.06000 – Inefficiency or Incompetence
Mere lack of good cause for non-reelection of employees does not, by itself, support an inference of unlawful animus. District was within its rights to establish a policy of granting tenure only to those teachers receiving superior performance ratings, as opposed to merely satisfactory ones. Accordingly, District established that it would have not reelected the employees even absent any protected activity.
505.11000 – Legitimate Business Purpose/Business Necessity
Mere lack of good cause for non-reelection of employees does not, by itself, support an inference of unlawful animus. District was within its rights to establish a policy of granting tenure only to those teachers receiving superior performance ratings, as opposed to merely satisfactory ones. Accordingly, District established that it would have not reelected the employees even absent any protected activity.