Decision 1602E – San Bernardino City Unified School District

LA-CE-4345-E; LA-CE-4350-E

Decision Date: February 24, 2004

Decision Type: PERB Decision

Description:  Union alleged that district violated EERA by discriminating against two teachers for protected activities.  Board rejected proposed decision.  Board found that teachers would have been removed from eligibility list even absent protected activities.

Disposition:  Board dismissed charge and complaint.

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Perc Vol: 28
Perc Index: 88

Decision Headnotes

505.03000 – Misconduct

Board found no anti-union animus underlying allegations of misconduct by teachers. Although prima facie case of discrimination was established, District met its burden to demonstrate that non-tenured teachers would not have been renewed, even absent protected activities, because of their misconduct.