Decision 1671E – Fullerton Elementary School District

LA-CE-4377-E

Decision Date: July 28, 2004

Decision Type: PERB Decision

Description:  Charging party alleged adverse action was taken against him due to protected activity.

Disposition:  Protected activity followed by adverse action is not sufficient allegation without nexus to establish that unfair practice occurred.  If adverse action is based on other conduct burden has not been met.

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Perc Vol: 28
Perc Index: 216

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Protected activity followed by adverse action is not sufficient without nexus to establish a connection between the protected activity and the adverse action to show unfair practice. If adverse action is based on other conduct of charging party and not protected activity burden has not been met.


504.14000 – Other/In General

Protected activity followed by adverse action is not sufficient without nexus to establish a connection between the protected activity and the adverse action to show unfair practice. If adverse action is based on other conduct of charging party and not protected activity burden has not been met.