Decision 1561E – Bellevue Union Elementary School District

SF-CE-2223-E

Decision Date: December 8, 2003

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 24

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
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.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
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.