Decision 2063E – Los Banos Unified School District
SA-CE-2508-E
Decision Date: September 25, 2009
Decision Type: PERB Decision
Description: The charge alleged that the Los Banos Unified School District retaliated against an employee for engaging in protected activity.
Disposition: The Board affirmed the dismissal of the charge, where most of the allegations were untimely and the charging party failed to establish a causal connection between his protected activity and the employer’s decision to terminate his employment. The Board also found no good cause to consider new evidence on appeal.
Perc Vol: 33
Perc Index: 161
Decision Headnotes
504.14000 – Other/In General
Charging party failed to establish a causal connection between the grievances and complaints he filed and the school district’s decision to terminate him. Accordingly, the charge fails to state a prima facie case that the District dismissed charging party in retaliation for having engaged in protected activity.
1101.01000 – In General
In cases involving allegations that an employee was terminated from employment in retaliation for having engaged in protected activities, the statute of limitations begins to run on the date of actual termination, rather than the date of notification of the intent to terminate.
1101.03000 – Computation of Six-Month Period
In cases involving allegations that an employee was terminated from employment in retaliation for having engaged in protected activities, the statute of limitations begins to run on the date of actual termination, rather than the date of notification of the intent to terminate. Charge alleging that a school district engaged in retaliation by issuing a “statement of charges” suspending an employee without pay and dismissing him at the expiration of thirty days unless he requested a hearing was untimely as to the suspension, since it was filed more than six months after the suspension became effective. However, the charge was timely as to the dismissal, where the employee exercised his right to a hearing before the Commission on Professional Competence and the dismissal did not become effective until the Commission issued its decision dismissing the employee from employment, which was within the six-month limitations period.
1105.01000 – In General
Charging party failed to establish good cause for considering new evidence on appeal, where it was clear that charging party was aware of the newly provided information prior to filing the charge.
1105.19000 – Newly Discovered Evidence
Charging party failed to establish good cause for considering new evidence on appeal, where it was clear that charging party was aware of the newly provided information prior to filing the charge.