Decision 2061E – Oakland Unified School District

SF-CE-2636-E

Decision Date: September 10, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 153

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Supervisor who initiated termination by informing personnel officer of employee's absence, did not know of employee's protected activity. However, the personnel officer who signed and issued the termination notice knew of the protected activity. As the personnel officer was a participant in the decision to issue the disciplinary action, the "knowledge" element is established.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.02000 – Burden of Proof; Evidence

Charging party bears the burden at the formal hearing of proving by a preponderance of the evidence the elements of a prima facie case of discrimination.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.03000 – Departure from Past Practices or Procedures

The district departed from established procedures by failing to notify the employee of the date of the job abandonment hearing.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.03000 – Misconduct

The district would have terminated the employee's employment even in the absence of protected activity because she stopped coming to work.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.12000 – Lack of Knowledge of Protected Activity

Supervisor who initiated termination by informing personnel officer of employee's absence, did not know of employee's protected activity. However, the personnel officer who signed and issued the termination notice knew of the protected activity. As the personnel officer was a participant in the decision to issue the disciplinary action, the "knowledge" element is established.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.02000 – Investigation of Charge

The PERB General Counsel's Office will issue a complaint if the charging party has alleged facts that, if proven true in a subsequent hearing, would state a prima facie violation of EERA.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

The PERB General Counsel's Office will issue a complaint if the charging party has alleged facts that, if proven true in a subsequent hearing, would state a prima facie violation of EERA.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.02000 – Issuance of Complaint

The PERB General Counsel's Office will issue a complaint if the charging party has alleged facts that, if proven true in a subsequent hearing, would state a prima facie violation of EERA.

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.04000 – Substitution of ALJ

The case was reassigned to a new ALJ after the ALJ who conducted the hearing retired. Neither party objected to the reassignment.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses

Charging party bears the burden at the formal hearing of proving by a preponderance of the evidence the elements of a prima facie case of discrimination.