Decision 1657E – Los Angeles Unified School District

LA-CE-4506-E

Decision Date: July 8, 2004

Decision Type: PERB Decision

Description: Temporary teacher refused to sign form that was valid condition of employment based on union representative advice.

Disposition:  Refusal to perform a valid condition of employment is not protected activity.  Following union advice does not raise conduct to level of protected activity.

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Perc Vol: 28
Perc Index: 196

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.01000 – In General

Temporary teacher’s refusal to sign form that was valid condition of employment is not protected activity. Defense that he was following union advice does not raise conduct to level of protected activity.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.17000 – Other

Temporary teacher’s refusal to sign form that was valid condition of employment is not protected activity. Defense that he was following union advice does not raise conduct to level of protected activity.

502.00000 – EMPLOYER DISCRIMINATION; PERSONS PROTECTED
502.04000 – Temporary, Extra, Part-Time, Casual, Seasonal, Intermittent or Probationary Employees

Temporary teacher did not have same right to continued employment with the district as permanent teachers.