Decision 1805E – Compton Unified School District
LA-CE-4868-E
Decision Date: January 5, 2006
Decision Type: PERB Decision
Description: Charge alleged the Compton Unified School District retaliated against charging party for engaging in protected activities.
Disposition: The Board dismissed the charge because charging party failed to demonstrate that the district took adverse action against her because of the exercise of rights.
Perc Vol: 30
Perc Index: 50
Decision Headnotes
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
PERB’s jurisdiction is limited and does not include enforcement of the Education Code or laws governing special education.
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.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party demonstrated good cause because the evidence being presented didn’t exist at the time of the dismissal.
1107.04000 – Unalleged Violations
To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party demonstrated good cause because the evidence being presented didn’t exist at the time of the dismissal.
1107.20000 – Other
To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party demonstrated good cause because the evidence being presented didn’t exist at the time of the dismissal.