Decision 2021E – Alvord Unified School District
LA-CE-5158-E
Decision Date: April 30, 2009
Decision Type: PERB Decision
Description: Charging Party, a teacher, alleged that by changing his class assignments and failing to provide him with the teacher’s edition textbook for his new class, the District engaged in reprisal for protected activity, in violation of EERA, and interference with the rights of employees.
Disposition: Board affirmed the Board agent’s dismissal, finding that the charge failed to state a prima facie case for retaliation because it failed to provide evidence that the class schedule change and/or failure to provide educational resources, constituted an adverse impact on Charging Party’s employment. The charge also failed to provide evidence of employer knowledge, or nexus. Evidence regarding the presence of a District supervisor at meetings where Charging Party engaged in protected activity, was not sufficient to establish employer knowledge, where the supervisor was present in her capacity as a representative for the union, and the charge failed to provide evidence to establish that the individual was an agent or representative of the District. Additionally, the charge failed to provide evidence that any employer action caused harm to employee rights, constituting interference.
Perc Vol: 33
Perc Index: 76
Decision Headnotes
400.01000 – In General; Standards
No interference where Charging Party fails to show facts demonstrating harm to employee rights. In the absence of facts showing the employer’s actions in any way inhibited, or would tend to inhibit, the exercise of protected activity, allegations regarding the change to a teacher’s class assignment schedule and/or failure to provide certain educational resources, were not sufficient to show harm to employee rights.
501.01000 – In General; Elements of Prima Facie Case
Unfair practice charge failed to state a prima facie case for retaliation because it failed to provide evidence demonstrating employer knowledge, failed to establish adverse employment action, and failed to provide evidence of nexus. Charging Party, a teacher, failed to provide evidence that a change in class teaching assignment and/or failure to provide certain educational resources, constituted an adverse impact on Charging Party’s employment. Additionally, the presence of a District supervisor at meetings where charging party engaged in protected activity was not sufficient to establish employer knowledge, where the supervisor was present in her capacity as a representative for the union and the charge failed to provide evidence to establish that the individual was an agent or representative of the District.
503.01000 – In General
Where compensation and the number of classes taught remained the same, a change in a teacher’s class schedule and/or the failure of the District to provide teaching resources, is not sufficient to establish adverse action for the purpose of supporting a prima facie case for reprisal. Charging Party must provide facts showing that a reasonable person would consider the action to have an adverse impact on the employee’s employment.
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Where compensation and the number of classes taught remained the same, a change in a teacher’s class schedule and/or the failure of the District to provide teaching resources, is not sufficient to establish adverse action for the purpose of supporting a prima facie case for reprisal. Charging Party must provide facts showing that a reasonable person would consider the action to have an adverse impact on the employee’s employment.
1100.01000 – In General/Prima Facie Case
Unfair practice charge failed to state a prima facie case for retaliation because it failed to provide evidence demonstrating employer knowledge, failed to establish adverse employment action, and failed to provide evidence of nexus. Charging Party, a teacher, failed to provide evidence that a change in class teaching assignment and/or failure to provide certain educational resources, constituted an adverse impact on Charging Party’s employment. Additionally, the presence of a District supervisor at meetings where charging party engaged in protected activity was not sufficient to establish employer knowledge, where the supervisor was present in her capacity as a representative for the union and the charge failed to provide evidence to establish that the individual was an agent or representative of the District. In an unfair practice charge alleging interference, Charging Party has the burden of proving that the employer’s action harmed employee rights, constituting interference. In the absence of facts showing the employer’s actions in any way inhibited, or would tend to inhibit, the exercise of protected activity, allegations regarding the change to a teacher’s class assignment schedule and/or failure to provide certain educational resources, were not sufficient to show harm to employee rights. Pursuant to PERB Regulation 32635(b) “unless good cause is shown, a charging party may not present on appeal new allegations or new supporting evidence.” Charging Party failed to demonstrate good cause as to why these matters should be considered for the first time on appeal.
1100.04000 – Amendments
Pursuant to PERB Regulation 32635(b) “unless good cause is shown, a charging party may not present on appeal new allegations or new supporting evidence.” Charging Party failed to demonstrate good cause as to why these matters should be considered for the first time on appeal.
1100.05000 – Dismissal of Charge; Appeal
Pursuant to PERB Regulation 32635(b) “unless good cause is shown, a charging party may not present on appeal new allegations or new supporting evidence.” Charging Party failed to demonstrate good cause as to why these matters should be considered for the first time on appeal.
1100.08000 – Pleading Requirements
Unfair practice charge failed to state a prima facie case for retaliation because it failed to provide evidence demonstrating employer knowledge, failed to establish adverse employment action, and failed to provide evidence of nexus. Charging Party, a teacher, failed to provide evidence that a change in class teaching assignment and/or failure to provide certain educational resources, constituted an adverse impact on Charging Party’s employment. Additionally, the presence of a District supervisor at meetings where charging party engaged in protected activity was not sufficient to establish employer knowledge, where the supervisor was present in her capacity as a representative for the union and the charge failed to provide evidence to establish that the individual was an agent or representative of the District. In an unfair practice charge alleging interference, Charging Party has the burden of proving that the employer’s action harmed employee rights, constituting interference. In the absence of facts showing the employer’s actions in any way inhibited, or would tend to inhibit, the exercise of protected activity, allegations regarding the change to a teacher’s class assignment schedule and/or failure to provide certain educational resources, were not sufficient to show harm to employee rights. Pursuant to PERB Regulation 32635(b) “unless good cause is shown, a charging party may not present on appeal new allegations or new supporting evidence.” Charging Party failed to demonstrate good cause as to why these matters should be considered for the first time on appeal.
1107.04000 – Unalleged Violations
Pursuant to PERB Regulation 32635(b) “unless good cause is shown, a charging party may not present on appeal new allegations or new supporting evidence.” Charging Party failed to demonstrate good cause as to why these matters should be considered for the first time on appeal.
1109.01000 – In General
Pursuant to PERB Regulation 32635(b) “unless good cause is shown, a charging party may not present on appeal new allegations or new supporting evidence.” Charging Party failed to demonstrate good cause as to why these matters should be considered for the first time on appeal.
1400.01000 – In General
Unfair practice charge of reprisal failed to establish employer knowledge of protected activity. The presence of a District supervisor at meetings where charging party engaged in protected activity was not sufficient to establish employer knowledge, where the supervisor was present in her capacity as a representative for the union and the charge failed to provide evidence to establish that the individual was an agent or representative of the District.