Decision 1791E – Los Angeles Unified School District
LA-CE-4837-E
Decision Date: December 29, 2005
Decision Type: PERB Decision
Description: The charge alleged the district discriminated against charging party and interfered with his rights by requiring that he submit a completed log book and to remain in the electrical shop until his supervisor figured out how to respond to his refusal to turn over the log book.
Disposition: Unfair practice charge dismissed where the Board found charging party’s refusal to hand over book is not protected conduct. It was found that the supervisor’s directives do not constitute threats or state a prima facie case for interference or discrimination. Charging party’s situation is distinguishable from Compton USD (2003) PERB Dec. No. 1518 which confirms the district’s actions were not an adverse action.
Perc Vol: 30
Perc Index: 32
Decision Headnotes
300.01000 – In General
While Kahn alleges that his refusal to hand over his log book was protected, refusal to comply with a supervisor’s directive, under these circumstances, is not protected conduct.
300.04000 – Individual/Concerted/Activities/Self-Representation
While Kahn alleges that his refusal to hand over his log book was protected, refusal to comply with a supervisor’s directive, under these circumstances, is not protected conduct.
300.17000 – Other
While Kahn alleges that his refusal to hand over his log book was protected, refusal to comply with a supervisor’s directive, under these circumstances, is not protected conduct.
405.01000 – In General
The request to bring the log book, to wait in the electrical shop and the suggestion that Kahn quit if he cannot talk to his supervisor do not constitute threats and so Kahn did not state a prima facie case for interference.
405.02000 – Express or Implied Threats
The request to bring the log book, to wait in the electrical shop and the suggestion that Kahn quit if he cannot talk to his supervisor do not constitute threats and so Kahn did not state a prima facie case for interference.
503.01000 – In General
The request to bring the log book to a meeting and the requirement to stay in the electrical shop are not adverse actions from the perspective of a reasonable person under the same circumstances and so Kahn did not state a prima facie case for discrimination. Kahn’s situation is distinguishable from Compton Unified School District (2003) PERB Decision No. 1518 (Compton) since unlike this case, the employee in Compton was removed from a prestigious position, and his pay and position were impacted by the employer’s conduct. This confirms that the District’s conduct was not an adverse action.
503.15000 – Other
The request to bring the log book to a meeting and the requirement to stay in the electrical shop are not adverse actions from the perspective of a reasonable person under the same circumstances and so Kahn did not state a prima facie case for discrimination. Kahn’s situation is distinguishable from Compton Unified School District (2003) PERB Decision No. 1518 (Compton) since unlike this case, the employee in Compton was removed from a prestigious position, and his pay and position were impacted by the employer’s conduct. This confirms that the District’s conduct was not an adverse action.
504.14000 – Other/In General
Kahn did not demonstrate a nexus between the District’s conduct and any protected activity. While Kahn alleges that his refusal to hand over his log book was protected, refusal to comply with a supervisor’s directive, under these circumstances, is not protected conduct.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Kahn’s appeal was not timely filed. Kahn had not requested an extension of time from the Appeals Office nor did Kahn provide any information in his appeal that would demonstrate good cause for the late filing. The Board, therefore, did not excuse Kahn’ late filing.