Decision 1791E – Los Angeles Unified School District

LA-CE-4837-E

Decision Date: December 29, 2005

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 32

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
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.

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
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.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.