Decision 1746E – Los Angeles Unified School District
LA-CE-4788-E
Decision Date: February 1, 2005
Decision Type: PERB Decision
Description: Fykes alleged that the district retaliated against him for filing unfair practice charges by conducting an unprecedented audit of his work to justify his termination and by issuing him a notice of recommended discipline.
Disposition: The Board dismissed the charge. The Board found that the audit was not an adverse action. There was no evidence of nexus between the unfair practice charges, and the audit or notice of discipline.
Perc Vol: 29
Perc Index: 70
Decision Headnotes
503.03000 – Warning Letters, Reprimands, Evaluations
A system wide audit of the employee’s job classification is not an adverse action under the objective test.
504.02000 – Disparate Treatment
No evidence of nexus was provided to show that the audit or notice of recommended discipline were a result of Fykes filing unfair practice charges. The Board distinguished this case from Woodland Joint Unified School District (1987) PERB Decision No. 628.
504.01000 – Prior Employer Unfair Practices; Prior History of Confrontation/Strife/Discord
No evidence of nexus was provided to show that the audit or notice of recommended discipline were a result of Fykes filing unfair practice charges.
504.14000 – Other/In General
No evidence of nexus was provided to show that the audit or notice of recommended discipline were a result of Fykes filing unfair practice charges. The Board distinguished this case from Woodland Joint Unified School District (1987) PERB Decision No. 628.