Decision 1645E – Oakland Unified School District
Decision Date: June 17, 2004
Decision Type: PERB Decision
Description: Charge alleged District took adverse action by transfer of Ferguson from High School to Middle School.
Disposition: Board held objective reasonable person standard must be used in evaluating whether there has been an adverse action. Where employee duties and compensation are the same, facts must show reasonable employee would consider the transfer adverse.
Perc Vol: 28
Perc Index: 182
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Board must use objective reasonable person standard in evaluating whether there has been an adverse action. Where employee duties and compensation are the same in transfer situations facts must show reasonable employee would consider transfer adverse. (Compton Unified School District (2003) PERB Decision No. 1518.)