Decision 1787E – Los Angeles Unified School District

LA-CE-4522-E

Decision Date: December 8, 2005

Decision Type: PERB Decision

Description:  Complaint alleged retaliation against charging party by releasing her from assignment with the district.

Disposition:  Charge dismissed for failure to state a prima facie case of retaliation.  The Board found that the district was aware when charging party engaged in various protected activity but found no evidence of nexus to support a finding of retaliation against her.  The district’s conduct did not support the element of unlawful motive.

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Perc Vol: 30
Perc Index: 12

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.04000 – Individual/Concerted/Activities/Self-Representation

Thomas engaged in protected activity when she told her supervisors that she intended to speak to the union about filing a grievance and when she mailed work-related injury forms to her supervisor. The District was aware of these activities.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

Thomas engaged in protected activity when she told her supervisors that she intended to speak to the union about filing a grievance and when she mailed work-related injury forms to her supervisor. The District was aware of these activities.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.14000 – Other/In General

There was no evidence of nexus to support a finding of retaliation against Thomas. The District’s conduct did not support the element of unlawful motive.